U.S. immigration laws establish a set asylum application procedure. A person is eligible for a discretionary grant of asylum if he or she has suffered past persecution or has a well-founded fear of persecution on account of race, religion, membership in a particular social group, or political opinion. Persecution encompasses a broad range of acts. It includes the infliction of harm or suffering by a government, or persons a government is unwilling or unable to control. Serious violations of human rights amount to persecution. Persecution may also include severe economic deprivation that threatens an individual's life or freedom. Cumulative forms of discrimination or harassment also rise to the level of persecution. There are certain factors that make some people ineligible for asylum, such as conviction of a particularly serious crime. However, someone who is barred from asylum on this basis may still be able to remain in the U.S. under provisions of Article 3 of the Convention Against Torture.

An asylum-seeker begins the defensive asylum process one of three ways. They are referred to the judge by an asylum officer at USCIS, they are placed in removal proceedings for immigration violations and subsequently apply for asylum, or they enter the U.S. at a port-of-entry without proper documents and claim to have a credible fear of persecution or torture. In court, asylum applicants have the opportunity to present their claims during a full evidentiary hearing before the Immigration Judge. During the trial applicants may:

-testify to events and circumstances surrounding their claim;

-present witness testimony from individuals familiar with the facts and circumstances surrounding their claim to asylum;

-present expert witness testimony regarding complex issues in their case, such as country conditions, the willingness and ability of certain governments to protect individuals in the same circumstances as the applicant, and treatment of different races, ethnicities, or genders in the applicant's country;

-present documentary evidence, including news articles, human rights reports, affidavits and other statements.

Removal proceedings are adversarial, and the U.S. government, represented by the Department of Homeland Security, is the opposing party. The Immigration Judge can approve or deny applicants' requests for asylum. If denied, applicants can file an appeal before the Board of Immigration Appeals.

Employment Authorization Document

Asylees have unrestricted ability to accept employment in the United States. The ability is incident to status and does not require a separate application. However, many employers require additional proof of employment authorization, and most asylees obtain an employment authorization document (EAD). The first EAD application fee is waived. Subsequent EAD applications must be filed three months prior to expiration of the current EAD.

Refugee Travel Document

Asylees may obtain a refugee travel document for international travel. They must not return to the country from which they sought asylum until they are permanent residents; visiting that country may result in asylum status termination. Refugee Travel Document applications should be filed at least six months prior to leaving the country.

Green Card Eligibility

Asylees are eligible to adjust to permanent resident status after one year as an asylee. Many of the grounds of inadmissibility that apply to other adjustment applicants are waived for asylees.

An asylum application is a complex procedure and applicants are advised to retain an experienced immigration attorney. The attorneys at the Law Offices of Richard S. Bromberg have significant experience in representing asylum, withholding of removal, and CAT applicants at all levels, from the initial interview to petitions for review in the U.S. Courts of Appeal. We work closely with asylum applicants throughout the application process. Office staff assists with the application and a detailed supporting statement. Staff members also compile and summarize news articles, human rights reports, affidavits, statements, and other original documents to support applicants' claims.

Prior to the hearing, an attorney meets with applicants to prepare them for the trial.  The attorneys at the Law Offices of Richard S. Bromberg work closely with asylum applicants at the court level to ensure the best case is put before the Immigration Judge. This includes writing supplemental statements, compiling and documenting extensive supporting evidence, and preparing clients for cross-examination. We have represented clients from a wide variety of countries and backgrounds. In addition, our office has experience with claims for asylum based on all five of the statutory grounds, including novel legal claims such as FGM and homosexuality. Call today to schedule a consultation.

Obtaining Asylum in the United States: Two Paths to Asylum

http://uscis.gov/graphics/services/asylum/paths.htm

USCIS Asylum

http://uscis.gov/graphics/services/asylum/index.htm