Types of Asylum

A Comprehensive Guide to Political Asylum in New York

Navigating the complexities of the U.S. immigration system can be overwhelming, especially for those seeking asylum. Political asylum is a critical legal status that protects people who fear persecution in their home countries. For many immigrants arriving in New York, asylum offers a fresh start and the chance to rebuild their lives safely. 

Whether you’re an immigrant exploring your options or someone assisting those in need, the immigration law attorneys at The Law Offices of Diron Rutty, LLC, will explain the different types of asylum.

What is Political Asylum?

Political asylum, or simply asylum, is a form of legal protection granted to people who fear returning to their home countries due to persecution based on: 

• Race 
• Religion 
• Nationality 
• Political opinion
• Membership in a particular social group 

This protection allows people to remain in the United States legally and, eventually, apply for permanent residence. 

But did you know there are two main types of asylum in the United States? Let’s take a closer look at affirmative and defensive asylum. 

Affirmative Asylum

Affirmative asylum is designed for people who are not currently in deportation or removal proceedings. Instead, they proactively apply for asylum through the United States Citizenship and Immigration Services (USCIS). 

• Criteria: To qualify, applicants must physically be in the U.S. and file for asylum within one year of their most recent entry—unless they can prove exceptional circumstances for delayed filing. 
• Application Process:

1. 1. Submit Form I-589 (Application for Asylum and Withholding of Removal) to USCIS. 
   2. Attend biometric appointments as scheduled. 
   3. Participate in an asylum interview conducted by an asylum officer. 

• Results: If approved, the asylum seeker gains legal protection and can then apply for work authorization and permanent residency. If denied, the individual may be referred to immigration court for removal proceedings, at which point they can apply for defensive asylum. 

One common mistake for affirmative asylum applicants is assuming that being present in the U.S. automatically qualifies them for asylum. Remember, applicants carry the burden of proof to demonstrate the legitimacy of their fear of persecution, requiring documented evidence and often personal testimony. 

Defensive Asylum

Unlike affirmative asylum, defensive asylum is a legal strategy used by people who are already in removal proceedings before an immigration court. This type of asylum is essentially the last line of defense against deportation. 

• Eligibility: Applicants must be in active removal proceedings initiated by the Department of Homeland Security (DHS). 
• Application Process:

1. 1. File a defensive asylum application with the Executive Office for Immigration Review (EOIR). 
   2. Present the case before an immigration judge, often with the assistance of legal representation. 
   3. Provide evidence and testimony to prove eligibility for asylum. 

• Potential Outcomes: Approval means protection and the right to remain in the U.S. Denial may lead to deportation, with limited options for appeals. 

The defensive asylum process typically involves higher stakes as it occurs within the courtroom setting. The applicant must persuade an immigration judge while facing the U.S. government’s attorneys, making it crucial to have experienced legal counsel. 

Navigating the Challenges of the Asylum Process in New York

Applying for asylum, whether affirmative or defensive, can be complicated. New York City, a hub for immigrants, offers a wealth of resources to assist asylum seekers—but navigating these on your own can be daunting. That’s where legal representation comes in. 

An experienced attorney can make all the difference in your asylum process. We will help gather and present evidence, prepare you for interviews or hearings, and ensure that all documentation is completed accurately. Our attorneys also stay updated on immigration law changes, ensuring that you have the best chance of success.

How The Law Offices of Diron Rutty Can Help

At The Law Offices of Diron Rutty, we understand the gravity of political asylum cases and the life-changing impact they have on individuals and their families. Our team has experience in immigration law, offering tailored support throughout the asylum process. 

Here’s how we can help:

• Provide experienced guidance for affirmative asylum applications. 
• Build a strong defense for individuals in removal proceedings. 
• Assist in including spouses and children in asylum applications. 

Seek Asylum With the Help of Our Immigration Attorneys

Political asylum is more than just a legal process. It’s a pathway to safety, freedom, and the opportunity for a new beginning in the United States. Whether you seek affirmative asylum to avoid future persecution or defensive asylum to protect yourself from deportation, understanding your options is the first step. 

The road may be complex, but you don’t have to walk it alone. The Law Offices of Diron Rutty is here to guide you every step of the way.

If you’re considering applying for asylum in New York or need guidance with your case, contact our team to explore your options.