According to, “The attorney general, Merrick Garland, issued a new policy saying immigration judges should cease following the Trump-era rules that made it tough for immigrants who faced domestic or gang violence to win asylum in the United States.” Read on to learn more.

What is Asylum?

Millions of people across the world are unfortunately impacted by persecution in their national countries due to their religion, race, social/ 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.

What are the Latest Updates?

According to, the end of these policies could make it easier for immigrants to win their cases for humanitarian protection. The decision was widely celebrated by immigrant advocates.

If you or a loved one is seeking asylum, reach out to our firm today. We are here to advocate for you every step of the way.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.