deportationMany people come to the United States seeking protection because they have suffered persecution or have a reasonable fear that they will suffer persecution due to:

  • Race
  • Religion
  • National Origin
  • Political Opinion
  • Membership in a Particular Social Group

A reasonable fear means that the applicant does not have to prove conclusively that they will be persecuted in the future, but that they have a good reason to fear that it will happen. The person being persecuted fears that he or she will suffer a harm that is a serious threat to his or her life or liberty.

Immigrating to the USA and applying for political asylum and succeeding can provide a great chance for the individual and his/her family to remain in the United States free from religious and political persecution.


There are two ways that one can obtain asylum in the United States — either through the Affirmative process or through the Defensive process, both of which are immigration services available at the Law Offices of Diron Rutty, LLC.

Affirmative Asylum

An applicant for Affirmative Asylum must be physically present in the United States. The applicant may apply for asylum status regardless of how he or she arrived in the United States or his/her current immigration status.

You must apply for asylum within one year of the date you last arrived in the United States, unless you can show:

  • Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing
  • You filed within a reasonable amount of time given those circumstances

Defensive Asylum

Defensive Asylum applies to those requesting asylum as a defense against removal from the U.S. The Asylum process becomes defensive when you are placed in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

Individuals are usually placed in defensive asylum processing in one of two ways:

  • The person is referred to an Immigration Judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process
  • Were apprehended (or caught) in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status,
  • Were caught by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an Asylum Officer (after receiving screening through the Credible Fear Screenings).


The U.S. asylum process is very complicated, so the best chance of success comes by working with an experienced asylum attorney. At Diron Rutty LLC, our attorneys are highly experienced in United States asylum law. We have helped people from all over the world fleeing persecution to gain asylum in the U.S. Our attorneys and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart wrenching the asylum process can be, and we will be with you every step of the way.

If you would like to discuss your situation, you can contact our immigration lawyers at 718-324-0404 in New York City, 845-849-9201 in Poughkeepsie, NY, use the form at the right, or email us at