The Asylum Process

There has been a lot in the news lately regarding the refugee program of the United States, especially in light of the current controversy of President Trump’s Executive Orders on Immigration. This blog sets out to provide some background information on the Asylum process.

Applying for Asylum in New York and New Jersey

Even though the Department of Homeland security reports that in 2015 there were 26,124 individuals who were granted asylum, obtaining asylum can still be a particularly difficult process. A talented asylum attorney like Robert Maher, P.C. knows how to best help individuals involved in these types of situations. In addition to obtaining the services of a talented attorney, it is often a wise idea for an individual applying for asylum to understand some important details.

Why Asylum Is Desired

Individuals who are classified as refugees are likely to qualify for asylum. Refugees include any individual who is outside their country of residence and unable or unwilling to return to that country due to a well-founded fear of persecution. This persecution can be due to the individual’s nationality, membership in a particular social group, political opinion, race, or religion. Individuals must be aware that there are a number of reasons why asylum can be rejected including: assisting in genocide, having a record of persecuting another, being convicted of a serious crime and representing a danger to the United States, having committed a serious nonpolitical crime outside of the United States, and representing a danger to the security of the United States.

How Asylum Affects Work and Families

There are two particularly important daily elements that individuals applying for asylum are often curious about:

·  Family. Individuals are often curious as to whether an individual’s family can also be granted asylum. An individual can include their spouse and unmarried children under the age of twenty years old. If individuals do not include family in an initial asylum application, an individual can petition to bring these family members to the United states once asylum has been granted through a Form I-730, which is also called a Refugee/Asylee Relative Petition.

·  Work. Individuals will be eligible to work immediately after being granted asylum. Individuals might wish to obtain an Employment Authorization Document, which can help for identification purposes.

The Asylum Process

Applying for asylum is a particular difficult process for individuals, which involves filing a Form I-589, which is also known as an Application to Extend/Change Nonimmigrant Status. The location where an individual submits the Form I-589 however, depends upon a variety of circumstances including:

·  Individuals Applying for Asylum for the First Time Who Are Not Involved in Removal Proceedings. Individuals in this type of situation should apply at the U.S. Citizenship and Immigration Service Center that has jurisdiction over the individual’s place of residence.

·  Individuals Applying for Asylum Who Were Previously Denied Asylum. For individuals who are involved in this type of situation, the individual must apply at the asylum office that has jurisdiction over the individual’s place of residence.

·  Individuals Engaged in Removal Proceedings. Individuals engaged in this type of situation should apply at the immigration court that jurisdiction over the individual’s place of residence.

·  Individuals Who Are Part of A Group or who Entered the United States Pursuant to the Visa Waiver Program. This category of individuals should apply at the U.S. Citizenship and Immigration Service Center that has jurisdiction over the individual’s place of residence.

Obtain the Services of a Skilled NYC Immigration Attorney

Asylum applicants can expect to receive a decision within six months of their application. Individuals seeking asylum frequently wonder when it is essential to bring an attorney to the immigration process. It is critical to understand that while it is not required, applicants who bring a talented immigration attorney like Robert J. Maher, P.C. are much more likely to succeed with asylum applications. If you are seeking asylum, do not hesitate to contact Robert Maher Law by either contacting us online or by phone at(212) 939-7548.