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Here at the Law Offices of Alice Antonovsky, we understand going through an asylum petition can be overwhelming. Our experienced staff is ready to walk you through the immigration process and work towards the best possible outcome. Keep reading to learn more about the asylum application process in the United States or contact our team now for more information.
HERE’S WHAT YOU NEED TO KNOW ABOUT ASYLUM PETITIONS IN THE U.S.

Asylum is a protection mechanism some nations offer to people who have left their home countries for fear of persecution because of their race, religion, nationality, social group, or political opinion.

In the United States you can apply for two types of asylum, affirmative or defensive. In both cases, the applicant’s eligibility will have to be determined by immigration authorities.

Asylum applicants will have to pass the “credible fear” test in front of the immigration authorities. This means they can demonstrate it would not be safe to go back to their home country due to a significant possibility of being harmed or persecuted.

If you want to seek asylum in the United States, contact our team of immigration specialists today.

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Available Asylum Processes In The United States

Affirmative Asylum:

To apply for Affirmative Asylum, you need to be physically present in the United States. Regardless of how you entered the country or your current immigration status, you can apply if you meet the eligibility criteria.

Defensive Asylum:

Defensive Asylum can be requested by those individuals who are at risk of being removed from the United States. An immigrant can be placed in removal proceedings after being caught trying to enter the country illegally or due to immigration violations.

Expedited Asylum:

Since 2022, individuals taken into custody within 14 days of entering the U.S. undergo an expedited removal process. A USCIS asylum officer reviews their asylum claim before formal removal proceedings. Those denied asylum proceed to immigration court for removal hearings and expedited review of their asylum application.

Benefits Of Requesting Asylum In The United States
  • Employment Authorization: once your asylum application has been filed and pending for 180 days you will be eligible to file for an employment authorization document (EAD), also known as a work permit. Once your asylum is granted you will automatically have authorization to work. Even so, you may choose to apply for an EAD for identification purposes. If your asylum application is denied your EAD will expire on the date printed on it. You may renew it if you have an immigration status that allows you to do so, for example, a parole or temporary protected status.
  • Including Your Family In Your Asylum Application: asylum applicants may include their spouses and unmarried children under 21 years of age in their application. If they are not present in the United States during the application and decision process, the main applicant can also petition for them within 2 years of the asylum being granted.
  • Getting A Green Card After Being Granted Asylum: if your asylum application is approved you can apply for permanent residence (a.k.a. a Green Card) after 1 year. Any family members who were included in your application will also be eligible for a Green Card. Keep in mind the process will not be automatic, you will have to file applications for yourself and any derivative asylees from your case.
The Affirmative Asylum Process
01
Arrival in the US: To submit an application for any form of asylum, the applicant must be physically present in the US.
02
Apply: Within a year of your most recent entry in the country, submit Form I-589, Application for Asylum and for Withholding of Removal, to USCIS.
03
Apply for a work permit: If your asylum case has been pending or at least 180 days you will be eligible for an Employment Authorization Document.
04
Interview Process: you will be questioned by an immigration officer to determine if you pass the credible fear test and the legitimacy of your case
05
Receive the decision: if your petition is denied, you may appeal and remain in the United States while doing so
USA Asylum Cases Granted Through The Years
USA Asylum Cases Granted By Region
Source: https://www.americanimmigrationcouncil.org/research/asylum-united-states

Asylum in the Hands of the Department of State and USCIS

The concept of asylum within the United States immigration system extends beyond mere laws and regulations; it transcends borders to become a beacon of hope. It is a humanitarian act that provides refuge to those persecuted due to their race, religion, nationality, membership in a specific social group, or political beliefs. In a country where diversity is a fundamental pillar, asylum is a haven for the persecuted.

Asylum policies in the United States are meticulously overseen by the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS). Within this context, the “Refugees and Asylees Following to Join Their Families” policy has been a priceless resource for individuals seeking a secure haven. However, recent modifications in the process have introduced substantial alterations, directly affecting those yearning for refuge in this land of opportunity. We will thoroughly explore these adjustments and their implications for asylum seekers.

Key Updates

On May 11, 2023, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) issued an update to the Circumvention of Legal Channels Rule (CLP). This rule introduces significant changes to asylum eligibility in the United States, especially for those who cross through the southwest border or adjacent coastal borders. It establishes a presumption of ineligibility for asylum in the case of individuals who cross between ports of entry or present themselves at one without a previously scheduled appointment.

Understanding the Reality

Until October 16, 2023, over 64,100 asylum seekers found refuge in New York City. Each number represents a story of hope and adversity. Additionally, since last spring, an astounding number of 126,700 asylum seekers have arrived in this city seeking a fresh start.

The importance of maintaining continuous support for those seeking asylum and seeking sustainable solutions becomes more evident in the light of these figures. Each story represents a journey, and each number represents a life in search of safety and dignity.

Support for Asylum Seekers in New York City

New York has taken a proactive step by establishing the Office of Asylum Seeker Operations (OASO), a clear testament to its commitment to those seeking asylum on American soil. Mayor Eric Adams has further intensified this initiative through additional policies that make a significant difference in the lives of those arriving in the city seeking protection. This response is due to the unprecedented influx of people seeking refuge in New York.

In a gesture of solidarity, the city provides a 60-day notice to families with children seeking asylum in New York City, allowing them to find alternative housing. Social work services have been significantly reinforced to guide these families in exploring other housing options. Additionally, New York will open the Floyd Bennett field in the coming weeks to accommodate families with children in a semi-congregated environment.

Current Challenges in Asylum Seeker Shelters

Shelters designated for asylum seekers in the United States face serious capacity challenges. Immigrants seeking protection from within the country find themselves immersed in a complex maze of regulations and immigration procedures, facing numerous obstacles in their transition to life in the U.S.

One of the immediate challenges lies in the need for more legal counsel, leaving asylum seekers without the necessary support that could make a difference in their process. Let’s work together on your application to achieve your immigration goals. Contact us today to schedule a consultation with our experienced asylum attorneys in New York at 1-(212)-729-5720.

The Path to Work Permits and Rejection Decisions

Regarding the processing of work permits, the timeline varies for asylum seekers. According to USCIS data, those who have filed for asylum and are awaiting a decision can apply for Employment Authorization Documents (EAD) after 150 days have passed since they submitted their asylum case. Currently, the average processing time for Form I-765, for those with pending asylum applications, is approximately 1.5 months.

Furthermore, in the case of denied applications, while specific data for 2023 is not available, it is crucial to note that those who have engaged in acts of persecution or aided others in doing so will face an automatic denial of their asylum application.

Evolution of Asylum Policies in a Changing World

Asylum policies continue to adapt to the shifting dynamics of global migration. Staying updated on these changes is essential for asylum seekers and the organizations supporting them. The United States government and local authorities, like the City of New York, work tirelessly to address this complex issue while safeguarding the rights and well-being of asylum seekers.

Humanity to the Rescue

The CLP rule, while establishing a presumption of ineligibility, also recognizes that exceptional circumstances exist. In these situations, humanity prevails. The following conditions can rebut the presumption of ineligibility:

  1. If the individual previously received authorization to present themselves at the border through an approved DHS parole process
  2. If the individual presented themselves at a port of entry at the scheduled time or can prove they could not use the CBP One app. Additionally, if the individual or a family member has received a final denial of asylum in a transit country, this can also change their status
  3. In cases of acute medical emergencies, imminent and extreme threats to life or safety (such as rape, kidnapping, torture, or murder), or if they meet the definition of a “victim of severe human trafficking” as per 8 CFR 214.11 (or if a family member meets this definition)
  4. For those facing exceptional circumstances or unaccompanied minors, there are also possibilities for exemption.

The CLP rule is designed to be in effect 24 months after its effective date. Although it is currently suspended due to a judicial order, USCIS continues to apply the CLP rule in credible fear processing while the suspension remains in effect.

You'll have responsibilities once you've
been awarded asylum.
  • Travel permission: Special guidelines apply to asylees when they leave the country. If you plan on leaving the country, you must first obtain approval by acquiring a refugee travel document. Without it, the asylum status may be at risk.
  • Change of address: You cannot change your address without letting the USCIS know. Within 10 days of your move, you must notify USCIS of your new location. There are different methods to do this, the USCIS page has the instructions.
Contact Immigration Attorney
Alice Antonovsky
for:

• Family-Based Immigration
• Deferred Action for Childhood arrivals (DACA)
• Waivers
• Employment-Based Permanent Residency
• National Interest Waiver Visa
• Family Reunification
• Citizenship and Naturalization
• Special Programs and Treaties
• Political Asylu

F.A.Q About Asylum In The United States

To qualify for asylum in the U.S., you need to pass the "credible fear test." Simply put, you have to show evidence of actual or potential persecution in your home country. This involves an interview with immigration authorities and a review of your case before a decision is made.

f your asylum application is denied, the case moves to an immigration court, where an immigration judge will carefully consider your evidence and make an impartial decision. Even if your asylum application is denied again, you still have the option to appeal to the BIA, U.S. Court of Appeals, and the U.S. Supreme Court.

The length of the asylum process varies, but it typically involves several stages. After filing your application, the initial decision might take a few months. However, due to factors like backlogs and processing times, the entire process can extend for several years.

Yes, you can apply for asylum if you are already in the U.S., regardless of your immigration status. It's important to submit your application within one year of your arrival, and exceptions may apply to this time limit based on specific circumstances.

The asylum interview is a crucial part of the process. You'll be asked about your personal background, the reasons for seeking asylum, and details about your case. It's essential to be honest and thorough during this interview, as it significantly influences the decision on your application.

If you are granted asylum in the U.S., you're set to go. You automatically receive permission to work, and after one year with your asylee status, you can apply for a Green Card. It's a positive step toward building your future here.

Client Reviews
Michelle Holland
Michelle Holland
24. April, 2021.
I called desperately needing help finding the A-Number for a lost green card. Lital answered the telephone and quickly helped to resolve this problem. I was able to immediately complete the I-90 application. I will now refer all my immigrant friends to this law office!!! Thank you Lital!!!
Mircea Ghinda
Mircea Ghinda
9. December, 2020.
Alice is the best immigration lawyer I know. She managed my case very well and she kept me updated on my status all the time, that showed that in her office work only professional and skilled people. Alice and her team was constantly calling immigration to see if the case is moving as it should without any issues. I highly recommend others using this lawyer for their immigration needs.
Anthony Shepherd
Anthony Shepherd
4. August, 2020.
My Wife and I are absolutely pleased with Alice and her crew! We had only a marriage based application but Alice took it to the next level. She explained everything from the beginning to the final. She’s very knowledgeable , friendly and helpful. The whole office crew are helpful. Whoever is looking for a top immigration attorney, look no further! Prices are also reasonable. ?
Galyna Sas
Galyna Sas
28. July, 2020.
Alisa Antonovsky The most professional immigration lawyer that I know! Highly recommend. Easy answered on my question and gave me a properly direction with my case. Thanks a lot. She tries to understand the case in depth and listens carefully. Her advice is very much careful. Thanks for Everything thing you done for me! I will definitely recommend Alisa Antonovsky to my friends.
manuchehr saidov
manuchehr saidov
13. November, 2019.
Alice Antonovsky is extremely knowledgeable, professional and outstanding immigration attorney.Highly recommended!!!
Hamza12 Haider12
Hamza12 Haider12
17. October, 2019.
Brilliant lawyer worth it
Brianna K
Brianna K
16. August, 2019.
I reached out to Alice because I needed help with my green card application process. She was very knowledgeable, professional and friendly. Her staff was easy to communicate with and friendly as well. All of my questions were answered right away, everything was handled on time. Alice was very helpful at preparing me for the interview, accompanied me and made me feel calm. I'd highly recommend her services!

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