If you have fled persecution in your home country and are seeking protection in the United States, you may be eligible for asylum. Asylum is a form of legal protection granted to foreign nationals who have suffered persecution or fear persecution in their home country.
Seeking asylum can be challenging and overwhelming at times, especially when your safety and future are at stake. At Rahimi Law Firm, PC, our New York asylum lawyers have a thorough knowledge of U.S. asylum law and extensive experience representing clients in affirmative and defensive asylum proceedings. Whether you are applying for asylum affirmatively with U.S. Citizenship and Immigration Services (USCIS) or seeking asylum as a defense against removal in immigration court, we have the knowledge and skills to advocate for you.
What is Asylum?
Asylum is a form of protection the U.S. grants individuals who have fled their home country due to persecution or a well-founded fear of persecution based on their:
- Race
- Religion
- Political opinion
- Membership in a particular social group
- Nationality
This persecution must be at the hands of the government or a group the government is unable or unwilling to control. It’s important to note that asylum is not granted based on general violence or poverty in your home country.
Asylum seekers must apply within one year of arriving in the United States, with some exceptions. The process involves submitting a detailed application, undergoing interviews, and providing evidence to support your claim. Seeking asylum can be a complex and emotionally challenging process, so it’s crucial to have an experienced immigration attorney by your side.
Obtaining asylum status provides numerous benefits, including:
- Protection from deportation
- The ability to work legally in the U.S.
- The opportunity to apply for legal permanent residence (a green card) after one year
Asylum status also allows you to petition for certain family members to join you in the United States, providing a path to safety and security for your loved ones.
Understanding the Asylum Process
Achieving asylum status requires a multi-step process, but finding the protection you need is possible with the right legal support. The first step is to apply for asylum within one year of arriving in the U.S. unless you qualify for an exception.
To apply, you’ll need to submit Form I-589, the Application for Asylum and for Withholding of Removal, along with supporting evidence that demonstrates your eligibility for asylum. This evidence may include personal statements, witness testimonies, medical records, and country condition reports that corroborate your claims of persecution.
After submitting your application, you’ll undergo a biometric screening and an interview with an asylum officer. During this interview, you’ll be able to tell your story and explain why you fear returning to your home country. If the asylum officer denies your application, your case will go to an immigration court for a hearing before a judge.
What is Special Immigrant Juvenile (SIJ) Status for Persecuted Youth?
Special Immigrant Juvenile (SIJ) status is a unique pathway to legal permanent residence for children who have suffered abuse, neglect, or abandonment by one or both parents. To qualify, a child must be:
- Under 21
- Unmarried
- Physically present in the United States
The process involves a state court making a determination that the child cannot reunite with one or both parents due to abuse, neglect, or abandonment, and that it is not in their best interest to return to their home country. After obtaining the state court order, the child can apply for SIJ status with U.S. Citizenship and Immigration Services (USCIS).
For children who have faced persecution and hardship, SIJ status represents a chance at a better life and a brighter future in the United States.
How an Immigration Attorney Can Help You Seek Asylum
Seeking asylum in the United States can be daunting, but you don’t have to go through the process alone. An experienced immigration attorney can guide you through it, providing the knowledge, support, and advocacy you need. From the moment you seek asylum, your attorney can help you understand your rights and options, helping you meet all the requirements and deadlines. They can assist you in:
- Preparing a compelling asylum application
- Gathering evidence to support your claim
- Coaching you before interviews with immigration officials
Throughout the process, your immigration attorney will be your confidant and champion, providing the emotional support and legal know-how you need to tell your story effectively and convincingly. With their guidance, you can focus on building a new life in the United States, free from the fear of persecution.
Your Journey to Safety and Security Starts with Rahimi Law Firm PC
Seeking asylum can be a challenging and emotional journey, but it is also a path to safety, security, and a brighter future in the United States. With counsel and support of an experienced New York immigration attorney, you can present the strongest possible case for protection. Don’t just take our word for it – see what our clients have to say about their experiences with us. If you’re considering seeking asylum or SIJ status, contact Rahimi Law Firm PC online or by calling today for a free consultation to learn more about turning your American Dream into a reality.