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.

Defensive Asylum:

If the Department of Homeland Security (DHS)/Immigration and Custom Enforcement (ICE) have already started removal (deportation) proceedings against foreign national in the Immigration Court, he may be eligible to file defensive asylum application before the Immigration Judge. ICE can start the removal proceedings against him if he was apprehended at the border with an attempt to cross the border without proper documentation or visa or if an individual is unlawfully present in the United States. Application of asylum is a defense against the removal (deportation) proceedings. In cases where ICE refused to release an alien from ICE’s custody, he can request to the Immigration Court to re-determine his custody.

General Requirements

• Found to be credible at his credible fear interview
• Must be in removal proceedings in the Immigration Court
• Must file asylum application within one year of his arrival in the United States or qualify for exception of extraordinary circumstances
• Submit Form I-589, application of asylum and withholding of removal with the Immigration Court
• Appear before the Immigration Court and 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!