What are the two ways to obtain asylum?

Millions of people across the world are unfortunately impacted by persecution in their national countries due to their religious beliefs, race, social or political affiliation, or nationality. The United States offers relief from those affected by this persecution through asylum, which allows these individuals to enter the U.S. and seek safety. There are two ways that a person can obtain asylum in the United States.

Affirmative Asylum

For people who are physically in the United States, they may be able to go through Affirmative Asylum processing through USCIS. In order to be eligible for Affirmative Asylum, they will have to make sure they apply within one year of the date they most recently arrived in the United States. If you fail to apply within one year, you may be eligible to apply if you show that you faced extraordinary circumstances that resulted in the delay.

Defensive Asylum

If you are in jeopardy of being removed from the United States but also may be eligible for asylum, one way to be able to stay in the U.S. is to apply for defensive asylum. In order to be eligible for this, you must be in the process of removal proceeding of immigration court. You may be placed in removal proceedings if you were found to be residing in the U.S. illegally or if you were found trying to enter the U.S. illegally.

If you have questions about whether you may be eligible for asylum, you should consult with an experienced immigration law attorney who can provide you with assistance.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.