A successful asylum applicant must demonstrate that they cannot return to their home country due to a well-founded fear of persecution on one or more of five specified grounds:
In addition, the persecutor must be the government or a group that the government is unable or unwilling to control. With some narrow exceptions, an asylum application must be filed within one year of the applicant’s arrival in the United States.
If an applicant is not in removal/deportation proceedings when they file for asylum, the application is considered an “affirmative” application. This applicant has an interview at a USCIS asylum office.
If an applicant is in removal/deportation proceedings, their asylum application is called a “defensive” application, and the case is heard and decided by an Immigration Judge.
Once an individual is granted asylum, they are eligible to reside and work in the United States. After one year of continuous residence, the asylee is eligible to apply for a green card.
We welcome you to contact the Brian M. Wang | Whiteman Osterman & Hanna LLP to schedule a consultation about how we may be of service in your immigration matter. Based in the Albany, NY Capital District area, we assist clients throughout New York, in all 50 states, and worldwide with United States immigration law.