Asylum may be granted to a foreign national who is a refugee. A refugee is someone who is unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution. Additionally, the foreign national must prove that the government in their home country failed to protect them or would not be able to protect them. Asylum may be granted on the basis of race, religion, nationality, membership in a particular social group, or political opinion.

Affirmative Asylum:

If the individual is present in the United States and the Department of Homeland Security (DHS)/ICE has not initiated removal (deportation) proceedings, they may file an affirmative asylum application with the United States Citizenship and Immigration Services (USCIS).

Process of asylum application:

• Must be present in the United States.
• Must file the asylum application within one year of arrival in the United States, unless qualifying for an exception.
• It does not matter how the foreign national arrived in the U.S. or their current immigration status.
• Submit Form I-589, the Application for Asylum and Withholding of Removal, with USCIS.
• Appear for an asylum interview.
• If the asylum officer is not satisfied with the interview, the asylum office will forward the application to the Immigration Court.
• An Immigration Judge will be assigned to the case, and the individual will receive a Notice to Appear (NTA) from the Immigration Court.
• The Immigration Judge will schedule a merits hearing to allow the individual to prove their asylum case.

If you have experienced past persecution or have a fear of returning to your home country, you may be eligible to file for defensive asylum. Please call the Law Office of Sudeep K. Sharma at 718-536-9618 for a free consultation!