- Asylum and Refugee Protection
- May 19, 2010 | Authors: Wendy Rebecca Barlow; Alexander Joseph Segal
- Law Firm: The Law Offices of Grinberg & Segal, PLLC - New York Office
- Under U.S. law, asylum may be granted to aliens who can establish they have well-founded fear of persecution if they were forced to return to country of citizenship or last habitual residence. The persecution must be on account of political opinion, race, religion, nationality, or membership in a particular social group. At The Law Offices of Grinberg & Segal, P.L.L.C., we have successfully helped countless people from various countries obtain asylum in the U.S. Our Firm is dedicated to helping people escape persecution in their home countries by securing them a safe haven in the U.S. Asylum can be granted to individuals who are just arriving to the U.S. or to people who are already physically present in U.S. Those individuals arriving in the U.S. may ask for asylum at the port of entry. However, individuals already in the U.S. must prepare and file a Form I-589 Application for Asylum and Withholding of Removal with the Bureau of U.S. Citizenship & Immigration Services within one year of their arrival. This filing deadline may be excused if the alien can demonstrate changed or extraordinary circumstances.
Persecution includes various forms mistreatment and harm, but must be more than harassment and discrimination. The types of acts that can constitute persecution include, but are not limited to, the following: beatings, arrest, detention, threats of violence, interrogation, prosecution, illegal searches, confiscation of property, surveillance, sexual assault, and substantial economic deprivation. This harm and/or mistreatment must be at the hands of the government of an individual’s home country or individuals the government is unable or unwilling to control.
To be granted asylum, an individual must provide evidence to show he or she has been persecuted in the past or is at risk of persecution if they were forced to return to their home country. The types of evidence that can be used to support an individual’s claim include, but are not limited to, the following: medical certificates, police reports, court summons, academic records, arrest records, statements from individuals who have personal knowledge regarding the claim, proof of membership in an organization, and background country conditions materials. An individual can file an affirmative application for asylum, which will initiate the asylum process, or an individual can seek asylum as a defense to pending removal proceedings.
A knowledgeable immigration attorney who understands how to properly prepare, file, and present an asylum claim can significantly increase an individual’s chances of being granted asylum status by the U.S. Government. At The Law Offices of Grinberg & Segal, P.L.L.C., we have a very successful track record of assisting countless clients obtain asylum in the U.S. Our Firm strives to provide impeccable assistance to our clients by helping them prepare their asylum applications, obtaining, analyzing, and submitting the requisite corroborative evidence, preparing the client for testify in support of their applications, and representing the client from the initial interview though the conclusion of removal proceedings.