Asylum Application Process

Alina Kat’s

AsylumPolitical Asylum

One way to immigrate legally into the United States is to seek political asylum. If you have fled your home country in fear of your life or liberty, you have asylum options in the U.S. to protect you. But to get through the complex process, including correctly filing and presenting the evidence of your persecution, you may need an experienced immigration lawyer like Aline Kats at Kats Immigration Law in New York City. Call her today to seek her guidance, advice and representation.

AsylumWhat Is Considered Asylum in the United States?

Asylum in the U.S. is a form of political protection given to foreign nationals who fled their home countries due to fear of persecution or actual persecution. The U.S. asylum process is designed to provide refugee status to people who face serious threats to their lives or their safety if they had remained in their home country. The persecution must be based on certain grounds, such as:

The asylum process plays a significant role in the legal immigration landscape of the United States. From 2016 to 2020, the U.S. received between 160,561 and 208,509 asylum applications per year. Asylum seekers have primarily come from China, Mexico, Afghanistan and Syria. Those seeking asylum must follow certain requirements under U.S. immigration law, but the approval rate has hovered around 27 percent. To be eligible for asylum, you must:

  • Physically be present in the U.S. or arriving at the U.S. port of entry
  • Prove you’ve suffered persecution or have a real fear of persecution
  • Be unwilling to return to your home country and be unable to seek protection from your own government

Legal representation for asylum seekers makes the process easier. A firm like Kats Immigration Law in Manhattan and Brooklyn has immigration attorneys with decades of experience, and they specialize in asylum cases. They prepare for your asylum interview and attend your asylum hearing to provide the best legal support for your asylum claim.

Application ProcessWhat’s Involved in the Application Process for Asylum in the U.S.?

The process of applying for asylum in the United States is complex, so get an asylum lawyer to help you. There are two ways to apply for asylum: affirmative asylum and defensive asylum. The steps of both include:

Application form.

The first step is to fill out the asylum application I-589 form. You must file this form within one year of your most recent arrival in the country. The form asks about your reason for seeking asylum. You reveal your personal history and present your evidence of persecution. You must also supply corroborating documentation.

Biometrics appointment.

After your I-589 form has been received, you meet with U.S. officials to record your fingerprints, take photographs and start a background check.

Preparing for the interview.

If you’re applying through an affirmative asylum process that’s not in removal proceedings, you have an interview with a U.S. Citizenship and Immigration Services asylum officer. During the one-to-two-hour interview, your claim is evaluated.

Immigration court hearing.

If you’re applying through a defensive asylum, your case goes to court, where you get a chance to present your evidence. During the hearing, you may call witnesses.

Your asylum application can take months or years, depending on multiple factors. While waiting for the final decision, you may:

  • Live in the community with a non-permanent status
  • Stay with a non-profit organization that’s tasked with supplying your food, clothing, and housing
  • Be held in a detention center if you lack documentation
  • Receive only limited medical care, although community clinics offer medical services
  • Apply for an employment authorization document (EAD) while waiting for the decision

If you’re not able to meet the basic criteria for asylum in the U.S., such as failing to prove you have a credible fear of persecution or your fear isn’t based on what you’ve previously reported, your asylum application may be denied. Several other reasons for denial include:

  • Your immigration judge or asylum officer doubts your testimony and evidence.
  • Change in circumstances. The conditions in your home country have changed.
  • Unable to meet deadlines. You didn’t file your application within one year of arriving in the U.S.
  • Violations in immigration. You’ve violated any immigration laws earlier, or you have a criminal record.

Clients Experience

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Best lawyer I have ever met, Alina Kats has huge experience and therefor is much better than everyone else in the city, iv gone to largest law firms in Manhatten and they ruined my immigration case, and when i had 0 chance Alina pulled strings and made impossible possible. Very strong Lawer and i highly recomend her

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Alina Kats is a awesome attorney I highly recommend her to anyone and everyone who has legal issues with immigration she's the one to call when no one else will help you

Rafael Rodriguez

Is an Asylum Hearing Required?

Your asylum hearing is a crucial part of the asylum application process. To improve your chances of a successful asylum hearing, make sure you familiarize yourself with the process. Prepare yourself by:

  1. Hire an asylum immigration attorney to deal with your legal complexities.
  2. Collect all the evidence and documents that support your asylum claim.
  3. Practice your testimony. Be clear and concise about why you fear persecution. Stick to the facts.
  4. Ensure your answers are detailed, consistent and honest.
  5. Comply with all the requirements and show up on time.

If you’re granted asylum, apply for an EAD if you don’t have one. It allows you to work legally in the U.S. After one year, you can apply for a green card for permanent residency in the U.S. You can also pursue naturalization and citizenship, which provides you broader rights and privileges under the law. With a derivative asylum status, you can petition to bring your spouse and children into the country.

How Can an Asylum Immigration Lawyer Help My Case?

Progressing through the asylum process is easier with an experienced immigration attorney. You may come up against legal barriers that only an immigration lawyer can navigate. Your expert asylum attorney also:

  • Provides proper guidance with legal terms, options, and requirements
  • Helps you gather and present evidence of your persecution
  • Represents you throughout the process, from your interview to your hearing
  • Advocates on your behalf to protect your legal rights and make sure you’re treated fairly
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Conclusion

If you or someone you know is going through the complexities of an asylum process, consult with a reputable law firm like Kats Immigration Law for experienced, professional help. Find this practice in Manhattan and Brooklyn. No matter where you’re from, you deserve effective legal representation during your asylum application process. Contact Kats Immigration Law today in NYC to book your free initial consultation.