Asylum may be granted to a foreign national who is a refugee. Refugee is a person who is unable or unwilling to return to his home country due to past persecution or have a well-founded fear of future persecution. Additionally, foreign national has to prove that government in his home country failed to protect him or wouldn’t be able to protect him. Asylum may be granted on account 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 Home Land Security/ICE did not start removal (deportation) proceedings against him, he can file affirmative asylum application with the United States Citizenship and Immigration Services(U.S.C.I.S).

General Requirements:

• Must be present in the United States.
• Must file asylum application within one year of his arrival in the United States or qualify for exception
• Does not matter how foreign national arrived in the United States or what’s his current Immigration status.
• Submit form I-589, application of asylum and withholding of removal with the USCIS
• Appear for asylum interview
• In case asylum officer does not satisfied with foreign national interview, asylum office will forward asylum application to the Immigration Court.
• An Immigration Judge will be assigned to his case and he will get notice to appear (NTA) from the Immigration Court.
• The Immigration Judge will set his case for merits hearing to give him an opportunity to prove his asylum case.

If you have past persecution or fear to return to your home country, you may be eligible to file affirmative asylum. Please call Law office of Sudeep K. Sharma at 718-536-9618 for free consultation!