Am I Eligible for Asylum in the United States?

You may have had no choice but to flee your home country and, before you know it, you find yourself within the United States’ borders. At this time, you must formally apply for asylee status in the country. If not, or if your petition ultimately gets denied, you may be subject to expedited removal proceedings. So, before it gets to this point, please continue reading to learn whether you are eligible for asylum in the U.S. and how an experienced Lyndhurst deportation and removal defense attorney at the Law Offices of Salvatore A. Falletta, LLC can help you obtain it seamlessly.

How do I know if I am eligible for asylum in the United States?

Simply put, to be eligible for asylum in the United States, you must prove that you have suffered persecution or a well-founded fear of suffering persecution in your home country. Such persecution must be based on any of the following valid grounds:

• You may face persecution due to your racial identity, ethnicity, or citizenship status.
• You may face persecution due to your religious beliefs, practices, or affiliation with a particular religious group.
• You may face persecution due to your political opinion or activities observed by your home country’s government and other groups.
• You may face persecution due to your membership in a particular social group that is fundamental to your identity (i.e., sexual orientation, gender identity, etc).

How do I obtain asylum in the United States?

You may proceed forward with filing Form I-589, Application for Asylum and for Withholding of Removal, with the United States Citizenship and Immigration Services (USCIS) if you believe your circumstances make you qualified to obtain asylum. Soon after, you may have to submit your fingerprints and attend an interview with a USCIS officer. Importantly, you must start this process within one year of passing through the port of entry.

Unfortunately, the USCIS may find a reason to reject you when you apply affirmatively with Form I-589. If so, you may then have to apply defensively. This means that you may have to defend yourself in a removal proceeding in immigration court with the Executive Office for Immigration Review (EOIR). Your affirmative asylum application on file with the USCIS may carry over to this case. Here, you may present your argument to the immigration judge who will ultimately determine your eligibility for asylum. If they still find you ineligible, they may try to figure out alternative paths toward immigration status in the U.S. Otherwise, they may sadly order your removal from the country.

All of this to say, the time to act is now. Please pick up the phone or message us at the Law Offices of Salvatore A. Falletta, LLC. Surely, a skilled Lyndhurst deportation and removal defense attorney on our team will be the perfect fit for your upcoming case.