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Mayor Adams Announces Asylum Application Help Center

In Absence of National Strategy, Asylum Application Help Center Will Provide Thousands of Asylum Seekers in NYC Assistance to Submit Asylum Applications, First Step Toward Work Authorization

City Will Also Continue to Support Non-Profit Legal Providers and Pro Se Clinics with $5 Million Investment

Interested Immigration Lawyers and Application Assistants Encouraged to Apply Immediately

NEW YORK – New York City Mayor Eric Adams today announced the Asylum Application Help Center, which will offer thousands of asylum seekers assistance completing and filing asylum applications as they seek a new life in the United States. While the tens of thousands of migrants that have arrived in New York City over the last year seeking shelter have already been paroled into the country by U.S. Customs and Border Protection, many have not officially filled out their asylum applications, delaying their eligibility for work authorization. Opening in the coming weeks — in consultation with immigration legal service providers and with the initial pro-bono support of the law firms Cleary Gottlieb Steen & Hamilton LLP; Paul, Weiss, Rifkind, Wharton & Garrison LLP; Simpson Thacher & Bartlett LLP; and Skadden, Arps, Slate, Meagher & Flom LLP — the Asylum Application Help Center will help thousands of asylum seekers currently in New York City apply for asylum, bringing them one step closer to being eligible for work authorization. Interested asylum seekers will schedule a one-on-one appointment at the application help center, where trained application assistants will work with the applicant to answer questions. Experienced immigration lawyers will be on site to supervise application assistants and provide guidance, and interpreters will be on site to provide in-person language assistance. Mayor Adams also encouraged New Yorkers interested in working at the Asylum Application Help Center to apply immediately.

To Learn More Read the News Release Here

Understanding the Asylum Process

 

In a world where countless individuals face persecution and danger, seeking refuge in a safe haven becomes a pressing necessity. The United States offers protection through its asylum process, so individuals can seek sanctuary from persecution they face in their native countries. In this article, we will explain the asylum process and guide you through the steps of applying for asylum in the U.S.

What is Asylum?

Asylum is a legal protection granted by a country to individuals who are fleeing persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. It provides safety and the opportunity to build a new life without fear of returning to the harm they faced in their native country.

Eligibility Criteria for Asylum:

To be eligible for asylum in the United States, you must meet the following criteria:

1. Persecution: You must demonstrate that you have been or fear being subjected to persecution in your native country due to one of the protected grounds mentioned earlier.

2. Non-Availability of State Protection: You need to establish that your native country’s government is unable or unwilling to protect you from the harm you face.

3. Timely Filing: Generally, you must file your asylum application within one year of your arrival in the United States. However, certain exceptions to this deadline exist, such as changed circumstances or extraordinary circumstances that prevented you from applying earlier.

Types of Asylum Applications: 

Affirmative and Defensive Asylum: There are two pathways to seeking asylum in the United States: affirmative and defensive. Understanding the difference between the two is important.

Affirmative Asylum:

Affirmative asylum refers to when an individual proactively applies for asylum before the U.S. Citizenship and Immigration Services (USCIS). The process involves the following steps:

1. Arrival in the U.S.: To begin the affirmative asylum process, you must physically be present in the United States. Regardless of whether you arrived with a valid visa or without proper documentation, you can seek asylum.

2. Completing Form I-589: The next step is to complete Form I-589, the Application for Asylum and for Withholding of Removal. This form collects essential information about you, your background, and the reasons why you are seeking asylum. You may also provide supporting documentation that substantiates your claim for asylum. This can include country condition reports, personal affidavits, medical records, or other evidence that supports your case.

4. Biometric Appointment: After filing your application, you will receive a notice for a biometric appointment. During this appointment, your fingerprints, photograph, and signature will be taken for identity verification.

5. Asylum Interview: USCIS will schedule an asylum interview with you. During this interview, an asylum officer will ask you questions about your claim, your reasons for seeking asylum, and any supporting evidence you have provided.

6. Decision: Following the interview, the asylum officer will evaluate your case based on the information provided and make a decision. They may grant your asylum application or refer it to an immigration judge for further review. The only time an asylum officer is able to deny your asylum claim is if you are in status at the time of decision.

Defensive Asylum:

Defensive asylum applies to individuals who are in removal proceedings or facing deportation. Applying for asylum defensively is just that, a defense to the removal proceedings. The process involves the following steps:

1. Initiation of Removal Proceedings: If you are placed in removal proceedings, you can apply for asylum defensively. This typically occurs when you are apprehended at the border or are otherwise encountered by immigration authorities.

2. Court Appearances: You will have the opportunity to present your case before an immigration judge. You must establish your eligibility for asylum by providing evidence and testimony supporting your claim.

3. Asylum Hearing: During the hearing, you will present your case, including any witnesses or supporting documentation, to the immigration judge. The judge will evaluate the evidence and make a decision.

4. Decision: The immigration judge will either grant or deny your asylum claim. If granted, you will be protected from removal and may become a green card holder. If denied, you may appeal the decision.

Asylum provides hope and a chance for a new beginning, offering protection from persecution and the opportunity to rebuild a life free from fear. Whether applying affirmatively or defensively, seeking guidance from an experienced immigration attorney is highly recommended to ensure that you present a compelling case and protect your rights.