Asylum

Political Asylum, Withholding of Removal and Relief Under Article 3 of the Convention Against Torture.

Long Island Immigration Attorney Eric Horn is experienced in handling Deportation Defense and Asylum cases.

After a person enters the United States, he or she may seek asylum in the United States if the person can prove a well founded fear of persecution if they are to return to their home country.  The well founded fear must be based on

  • Race
  • Nationality
  • Religion
  • Group affiliation or
  • Political opinion

In order to qualify to seek asylum, the person must apply within one year of their most recent arrival in the United States. There are very few exceptions to the one-year deadline.

If you are applying after the one-year deadline and do not qualify for an exception you can still apply for withholding of removal and relief under the Convention Against Torture.  However, these forms of relief are significantly harder to win yet their benefits are much more limited.  One of Mr. Horn’s greatest accomplishments was winning a case under the Convention Against Torture before the U.S. Immigration Court.  The Executive Office for Immigration Review reported that less than 1% of these cases are granted.

Ways to apply for Asylum

There are two ways to apply for asylum while in the United States. If an asylum seeker has been placed in removal proceedings before an Immigration Judge with the Executive Office for Immigration Review, which is a part of the Department of Justice, the individual may apply for asylum with the Immigration Judge. An asylum seeker in removal proceedings may have been referred to immigration court either upon applying for admission at a U.S. port of entry or at some time after the individual has entered the country.

If an asylum seeker is inside the United States and has not been placed in removal proceedings, he or she may file an application with U.S. Citizenship and Immigration Services, regardless of his or her legal status in the United States. However, if the asylum seeker is not in valid immigration status and USCIS does not grant the asylum application, USCIS will place the applicant in removal proceedings and the judge will consider the application anew. The immigration judge may also consider the applicant for relief that the asylum office has no jurisdiction to grant, such as withholding of removal and protection under the Convention Against Torture.

The United States government does not charge an application fee to seek asylum.  The process involves filling out an application which describes in detail the feared persecution, providing as much corroborating evidence as possible, and then subsequently a hearing is scheduled before a United States asylum officer.

The application also simultaneously applies for withholding of removal.  There are other considerations and requirements when applying so it it best to seek legal counsel.

Long Island Immigration Attorney Eric Horn has been navigating through the highly specialized field of U.S. Immigration Law and will be happy to assist you.

Contact the Law Office of Eric Horn, PC at (631) 435-7900 or contact him online to schedule a consultation.