WHAT IS ASYLUM?
Asylum is a type of protection that the United States offers to citizens of other countries when it is unsafe for them to return to their own country. When an individual or family has fled and does not want to return to their country because conditions are unsafe, the United States offers them a way to apply for residency through asylum.
HOW DO I KNOW IF I’M ELIGIBLE FOR ASYLUM?
In order to be eligible for asylum, you must have a well-founded fear of persecution if you return to your country based on one of the following criteria:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
WHAT IS THE DIFFERENCE BETWEEN AFFIRMATIVE AND DEFENSIVE ASYLUM?
Affirmative asylum occurs when an individual applies for asylum to remain in the United States when there are no removal proceedings already put in place against them. An example of this is when a person arrives at the United States border and immediately applies for asylum to escape prosecution or the fear of prosecution in their home country.
Defensive asylum occurs when an individual is already living within the United States and they have been placed in a removal proceeding before an immigration judge. This individual would then use asylum as a defense in their case. An example of this would be when an individual escapes their country and is terrified to return, so they enter the United States illegally in an attempt to remain safe. They are then placed under removal proceedings because of their illegal status, but they can use asylum as their defense.
DO I HAVE PERMISSION TO WORK IN THE UNITED STATES IF I ENTER UNDER ASYLUM?
If you enter the United States as an asylee, you must apply for permission to work in America separately. You can apply for employment authorization one year after you file your completed asylum application. In some cases, you may be authorized to work in the US even if your asylum application has not yet been approved.
THE EXPERIENCED IMMIGRATION LAW TEAM AT ZOHAR LAW CAN HELP
Are you or someone you love eligible for asylum? The experienced and knowledgeable immigration law team at Zohar Law PLLC in NYC can help. We understand that returning to your country may not be an option for you or your family and we will fight for your right to remain in the United States under asylum. Contact our legal team today to learn more and receive a free 15-minute consultation to learn how we can help.
