Many people come to the United States seeking asylum. If you can prove that you will have some sort of persecution if you return to your home country, you may be eligible to seek asylum. Read on to learn more about the eligibility requirements.

Am I eligible to seek asylum?

There are two ways a person can seek asylum in the United States:

  • The affirmative asylum process: This process requires that the individual is physically present in the United States and is not involved in any removal proceedings. It is important to know that you must apply for asylum within one year of the date of your entry into the United States.
  • The defensive asylum process: This occurs when someone who is going through removal proceedings requests asylum as a defense from deportation. Through this process, you, your attorney, and the U.S. Government will consider whether you qualify for asylum and whether you should be removed from the United States or not. The immigration judge does have the authority to decide whether you will be deported or not. However, it is important to note that you also have the right to contest the judge’s ruling.

In either case, it is important to work with an experienced immigration attorney.

Who is ineligible for asylum?

Before beginning the process, it is important to determine whether you are eligible for asylum. Those who are ineligible include:

  • Those who have been convicted of certain serious crimes, generally involving drugs or violence
  • Anyone who has taken part in the persecution of another person due to their race, nationality, religion, and other guaranteed freedoms
  • Those who are proven to have resettled in another country before arriving in the United States
  • Those convicted of a serious nonpolitical crime outside of the United States
  • Anyone prepared to pose a danger to the security of the United States

If you have any questions or concerns about your eligibility, contact our firm to speak with a knowledgeable immigration attorney. We are here to walk you through the process 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.