Asylum Attorneys in Valley Stream, NY
Unfortunately, there are many situations in which an individual who is in the United States is worried about their safety if they return to their home country. Some people facing these concerns may be eligible to seek asylum in the United States. If you or a loved one is thinking about the possibilities of seeking asylum, it is important to speak with an experienced attorney who can assess your situation and help you explore all of your legal options. The attorneys at the Nassau County Immigration Law Group have proudly served clients for decades and are ready to assist you, too. Contact the Nassau County Immigration Law Group today to discuss your case.
What is Asylum?
Applying for asylum in the United States is very complicated and confusing process. To be eligible for asylum you must have been persecuted in the past or have a well-founded fear of future persecution if returned to the individual’s home country due to persecution based on race, religion, nationality, membership in a particular social group, or their political opinion.
Types of Asylum Proceedings in the United States
There are two ways to obtain asylum in the United States. These include the affirmative process and the defensive process.
- The affirmative asylum process requires an individual to be physically present in the United States when they are not involved in removal proceedings. Anyone applying for affirmative asylum must do so within one year of the date of your most recent arrival in the United States, with certain exceptions.
- The defensive asylum process occurs when an individual requests asylum as a defense from being removed from the United States. These cases are heard by immigration judges in proceedings that are similar to a courtroom where the individual, his or her attorney, and the U.S. Government are permitted to give an argument for their case. The immigration judge will make a decision regarding whether asylum will be granted. It is important to note that either party can appeal the judge’s decision once it is made.
Who is Not Eligible for Asylum?
Even though people who are at risk of being removed from the United States can apply for asylum, there are still individuals who are barred from asylum eligibility. The following individuals cannot be granted asylum:
- Anyone who convicted of a serious crime, such as an aggravated felony
- Anyone who has committed a serious nonpolitical crime outside of the U.S.
- Anyone who poses a danger to the security of the United States
- Anyone who has ordered, incited, assisted, or participated in persecuting another party due to his or her race, religion, nationality, membership in a social group, or political opinion
- Anyone who has firmly resettled in another country before his or her arrival in the U.S.
Even if an individual is not eligible for asylum, s/he may be eligible for Withholding of Deportation or relief pursuant to the Convention of Torture.
Contact a Nassau County Asylum Attorney
If you or a loved one is considering an asylum petition in the United States, it is important to discuss your case with an experienced immigration attorney who can guide you through the process and help you determine your eligibility. With so much of your future at stake, retaining a skilled attorney is critical. Contact the Nassau County Immigration Law Group today to learn how we can assist you.