- Hello, this is Moumita Rahman
the Immigration Attorney here
to help you navigate this complex world of immigration.
Today, I wanted to discuss a very, very important topic.
One that is dear to my heart, and that is about asylum.
What is asylum?
How can you get asylum?
And who qualifies?
There is a lot of misinformation
and mystery around this topic,
especially given the fact that asylum seekers
have been painted in a very bad light
by the current Administration.
But I want you to know that the roots of asylum law
are founded in human rights.
So what is asylum?
Asylum is something that is granted to you
by a new government in a country that is not your own.
This country would give you asylum
because you are seeking protection from your home country
for various reasons.
It is something that must be given to you,
and that you must obtain by proving that you require it.
Here in the US there are two main ways to get asylum.
The number one is by a process
that we call Affirmative Asylum,
which is something that must be granted
by an immigration officer at USCIS.
The second process is Defensive Asylum,
which is something that must be granted
by a judge during deportation proceedings.
So how do you qualify for asylum?
The root of asylum is the fact that you fear going back
to your home country because you fear being persecuted.
And what does persecution mean?
Persecution means that you are being targeted, being hunted,
being hurt because of something about you or your beliefs
that you cannot change, or that you're unwilling to change.
You qualify for asylum
if you fear going back to your home country,
because either your governments
or somebody inside your country that your government cannot
or will not control is wanting to hurt you
because of your race, religion, ethnicity, nationality,
political opinion,
or membership in a particular social group.
Each of the grounds upon which you can seek asylum
here in the US.
It is very important to note that if you are a dual national
or you have citizenship in multiple countries,
then you may not qualify for asylum here in the US
because in the eyes of the government,
you can easily move to the other country.
Also, it is important to note that you have to show
that you cannot go anywhere else inside your country,
or that relocating to a different part of a country
is just not possible or reasonable.
It is also very important to note that your fear
of getting hurt, because one of these grounds
can come from something
that has already happened in the past
or something that you fear happening in the future.
Again, the harm that you will suffer
must either come from your own government,
or it must occur because the government is not able
or not willing to protect you from other persons
or groups inside your country
that want to harm you because of these same things.
So thus, how can you apply for asylum?
It is very important to note that if you qualify for asylum,
or if you believe that you need asylum,
you must adhere to the strict one-year deadline.
This one year rule means that
from the date that you step foot into the US
you must file for asylum within one year.
What happens though,
if you don't realize that you need to file for asylum
or that you don't even realize that you can file for asylum
until after one year past, can you still apply?
Well, if you are looking to file for Affirmative Asylum,
you must show that you have an exception
to the one-year filing rule.
These exceptions occur
because something changed inside your country,
which is now making you aware of the need
for filing for asylum
or if something extraordinary happened to you here in the US
that prevented you from filing for asylum before.
But also what happens when you left your country,
things were not that great.
You knew that you might suffer from one reason or another,
and you decided to leave, you've come here to the US,
and all of a sudden things have gotten actually worse.
There is more persecution, there's more harm.
there's more torture.
If the conditions inside your country worsen or change,
this is also another reason that you can use to show
that you qualify for an exception
from the one-year filing deadline.
So the way that you file for asylum is number one,
you have to be within the one year deadline,
or if you happen to be outside
of the one year filing deadline,
you must show an exceptions to this bar.
Number two, you need to file an application this form,
this application is on form I-589, Application for Asylum
and Withholding of Removal.
This is the form that you must officially file
with either court or with the asylum office,
depending on type of asylum process you are doing
that will kickstart your asylum process.
And you must of course, attached to this application,
your statement, any evidence of why you fear suffering
if you return to your home country
or proof of what you have already suffered
in your home country,
along with reports of anything else
that you think will help support case.
Once your application is filed,
you will receive appointment for fingerprinting,
and then eventually you will receive
an appointment for an interview
if you are filing an Affirmative Asylum.
If you're already court,
then you will receive a hearing date.
And I have some great videos on what's expect
during removal defense, check it out right here.
At your interview you will have the opportunity
to explain your case to the asylum officer,
and they will ask you many other questions as well
in order to make sure that you do qualify.
And the same thing will pretty much occur
in front of a judge during your removal case,
except this time the government's attorney from DHS
will also get the opportunity to cross examine you
and present any evidence that they may also have.
So when should you file for asylum?
File for asylum, as soon as you feel that you need to file
and always get the help of an attorney,
if you have an attorney by your side,
your chances of approval go up that much more.
This is a very complicated and difficult process
to do on your own.
If you need my help, give me a call (212) 248-7907.
I believe in asylum
because I believe it is rooted in human rights,
and everyone has the right to live in a country,
safe from any oppression.
However, you must still follow the legal process
so that you can get approved.
I'm Moumita Rahman, thank you so much for joining me today.
If you found this discussion helpful,
please leave me a comments or a alike,
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Thanks for watching, see you next week.
This video is for informational purposes only,
and does not constitute legal advice.
For proper legal advice on your case,
please call us to set up a consultation.