Asylum Applications: Legal Support from Gorelik Law Group, P.C.

You may seek protection and apply for asylum if you have suffered persecution or have a fear of future persecution due to: 

- Race 

- Religion 

- Nationality 

- Membership in a particular social group 

- Political opinion 

You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally. 

It is important to note that you must apply for asylum within one year of your arrival in the United States unless you can demonstrate changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances related to your delay in filing. You should apply for asylum within a reasonable time based on the circumstances. Changed or extraordinary circumstances may include significant changes in conditions in your home country, alterations in your personal situation, and other relevant events. Your spouse and children (under 21 and unmarried) who are in the United States can be included in your asylum application. 

Once you file your complete asylum application, you may apply for employment authorization if 150 days have passed, excluding any delays caused by your actions, such as rescheduling your interview, and if no decision has been made yet on your application. 

The asylum process in the United States can occur through two main pathways: the affirmative process and the defensive process. 

**Affirmative Asylum Processing:** 

To obtain asylum through the affirmative asylum process, you must be physically present in the United States and file your Asylum Application with U.S. Citizenship and Immigration Services (CIS). While your application is pending, you are authorized to live in the United States. If U.S. CIS determines you are eligible for asylum after conducting the interview, your status will be changed to asylee, allowing you to apply for a green card one year after approval. Conversely, if U.S. CIS finds you ineligible for asylum, your case will be referred to an Immigration Judge for a decision. 

**Defensive Asylum Processing:** 

A defensive application for asylum happens when you request asylum as a defense against removal from the United States. For your asylum processing to be considered defensive, you must be involved in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR). 

Typically, individuals enter defensive asylum processing through one of two means: 

- They are referred to an Immigration Judge by U.S. CIS after being found ineligible for asylum at the end of the affirmative asylum process, or 

- They are placed in removal proceedings because they were apprehended in the United States or at a U.S. port of entry without proper legal documents, or they violated their immigration status. They could also have been caught by U.S. Customs and Border Protection (CBP) while trying to enter the United States without documentation and found to have a credible fear of persecution or torture by an Asylum Officer. 

The Immigration Judge will decide whether the individual is eligible for asylum. If eligible, the Judge will grant asylum; if not, the Judge will assess whether the individual qualifies for any other forms of relief from removal. If no relief is available, the Judge will order the individual removed from the United States. The Immigration Judge’s decision can be appealed by either party. 

Given the complexities of the immigration law surrounding the asylum process, it is often advisable to consult with a trusted lawyer. For assistance, please contact the Gorelik Law Group at (718) 596-8888 to schedule a consultation.