Asylum

Asylum seekers have been coming to the United States since its founding – and America has welcomed them.

The United States grants asylum to individuals who have been persecuted, or have a fear of future persecution due to race, religion, nationality, membership in a particular social group, or political opinion. Those who are granted asylum have the ability to live and work in the United States.  Additionally, one year after being granted asylum, individuals can apply for lawful permanent residency and eventually gain citizenship.

Asylum Basics

Asylum can be sought by any individual who is currently in the United States.   However, it is generally best to seek asylum within one year of entering the United States.  If a person has been in the United States for over one year, it is still possible to seek asylum, however an applicant will need to show that circumstances have changed, or that there was a serious reason why an asylum application was not filed within the first year of being in the United States.

Affirmative Asylum

Individuals who are in the United States, and not in removal proceedings, can seek affirmative asylum.  Affirmative Asylum is a process that is handled by the USCIS, and involves the submission of an asylum application, and the participation in a meeting with a USCIS asylum officer  After the meeting the asylum officer can grant an applicant asylum.  If an applicant is in the United States in proper status, no action will be taken if an affirmative asylum application is unsuccessful.

Defensive Asylum

Individuals who are in removal proceedings before an immigration judge can assert an asylum application at any time.  Defensive asylum applications are just one of many possible forms of relief that an individual may have if placed in removal proceedings.

Around New York City, asylum seekers often face removal proceedings in Elizabeth, New Jersey, Newark, New Jersey, and at 26 Federal Plaza in New York.

Asylum Consultation

Gafner Law Firm is able to represent asylum seekers in affirmative and defensive asylum applications.  If you are interested in learning more about the services that Gafner Law Firm can provide to asylum seekers, please contact the firm.