If you have fled your native country out of fear of persecution due to your race, religion, nationality, or membership in a specific social or political group, you may qualify for asylum. Read on the learn the latest asylum rules and updates. If you have any additional questions, do not hesitate to reach out to our experienced immigration attorney.
How to Obtain Asylum in the U.S.
There are two ways that an individual can seek asylum in the United States:
- The affirmative asylum process: You will have to be physically present in the United States and not involved in any removal proceedings to obtain asylum through the affirmative asylum process. You must also apply for asylum within one year of the date of your arrival in the United States.
- The defensive asylum process: The defensive asylum process is when an individual is facing removal proceedings and requests asylum as a defense from being deported. These cases are heard by immigration judges. If this is the route you chose to take, you, your attorney, and United States Government will discuss whether you qualify for asylum and whether you should be removed from the United States or not. The immigration judge does not have the right to decide if you will be deported. However, you will have the right to appeal the judge’s decision.
Am I ineligible for asylum?
It is important to determine your eligibility before beginning the process. Individuals are not eligible in the following cases:
- Anyone determined to pose a danger to the security of the United States
- Being convicted of certain serious crimes, generally involving drugs or violence
- Being convicted of a serious nonpolitical crime outside of the United States
- Anyone who has taken part in the persecution of another person due to their race, nationality, religion, and other guaranteed freedoms
- Those who are proven to have resettled in another country before arriving in the United States
What are the latest updates?
According to The Guardian, “The attorney general, Merrick Garland, issued a new policy saying immigration judges should cease following the Trump-era rules that made it tough for immigrants who faced domestic or gang violence to win asylum in the United States. The move could make it easier for them to win their cases for humanitarian protection and was widely celebrated by immigrant advocates.”
Contact our experienced New Jersey firm
We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.