Asylum may be granted to a foreign national who qualifies as a refugee. A refugee is someone who is unable or unwilling to return to their home country because of past persecution or a well-founded fear of future persecution. The applicant must also show that their home government is unable or unwilling to protect them. Asylum may be granted based on one or more of the following grounds: race, religion, nationality, membership in a particular social group, or political opinion.

Affirmative Asylum

If an individual is physically present in the United States and the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE) has not initiated removal (deportation) proceedings, they may apply for asylum affirmatively with U.S. Citizenship and Immigration Services (USCIS).

Process for Filing an Affirmative Asylum Application:

• The applicant must be physically present in the United States.
• The asylum application must generally be filed within one year of the applicant’s most recent arrival, unless an exception applies.
• It does not matter how the applicant entered the U.S. or their current immigration status.
• File Form I-589, Application for Asylum and for Withholding of Removal, with USCIS.
• Attend a scheduled asylum interview with a USCIS asylum officer.
• If the asylum officer does not approve the application, the case will be referred to the Immigration Court.
• The applicant will receive a Notice to Appear (NTA) before an Immigration Judge.
• The Immigration Judge will then hold a merits hearing where the applicant can present evidence and testimony in support of the asylum claim.

If you have suffered persecution or fear returning to your home country, you may be eligible to seek asylum protection in the United States.

For legal guidance or to determine your eligibility, contact the Law Office of Sudeep K. Sharma at 718-536-9618 for a consultation!