Asylum is a type of humanitarian-based immigration available to applicants who are currently in the U.S. or are seeking entry into the U.S. at a designated port of entry. It is granted to individuals who have a well-founded fear of persecution if returned to their country of origin.
Schedule a consultation with a New York Asylum Lawyer Valentini Law Offices, PLLC phone: (212) 213-8275 61 Broadway, Suite 2505, New York 10006 (by appointment only)
To be eligible for asylum status the applicant must meet the definition of a refugee, which according to the Immigration and Nationality Act is “a person who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”
Asylum is granted at the discretion of the Attorney General. If granted, it may be terminated if hostile circumstances abroad no longer exist.
Aliens may apply for asylum while in removal/deportation proceedings, such applications for asylum are considered “defensive”; asylum cases of aliens not in removal proceedings are called “affirmative.” It is a much better strategy to apply for asylum affirmatively because in an affirmative application an alien has more control over timing of the process and better access to resources, such as libraries, internet, phone, community organizations, country conditions experts, translators, and immigration attorneys specializing in asylum cases. Unlike defensive asylum applications, affirmative applications do not take as much toll on applicant’s and applicant’s family emotional and physical well-being.