Seeking Asylum in the United States | What to Know

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Seeking Asylum in the United States | What to Know

If you are seeking asylum in the United States, do not hesitate to reach out to our firm today to obtain a dedicated and skilled New York immigration attorney on your side. Our firm is committed to ensuring that you are not navigating this process alone. Contact us today.

What is asylum?

Unfortunately, there are millions of people across the world that face persecution in their native countries as a result of their religion, race, social affiliation, political affiliation, or nationality.

Asylum allows those who are affected by this horrific persecution to enter the United States and find shelter and safety.

How can I obtain asylum?

The two ways in which an individual can seek asylum in the United States include the following:

  • The defensive asylum process: If you are in jeopardy of being deported and are facing removal proceedings, you may be able to request asylum as a defense from being deported. These cases are typically presented in front of immigration judges. With this process, you, your attorney, and the U.S. Government will discuss whether you qualify and whether you should be removed from the United States or not. The immigration judge has the right to decide whether you will be deported or not. However, while that is the case, you have the right to appeal the judge’s verdict.
  • The affirmative asylum process: Here, you must apply for asylum within one year of the date of your entry into the United States. In order to obtain asylum through this process, it is important that you are physically present in the United States and not going through any removal proceedings.

What causes ineligibility for asylum?

It is highly recommended that you establish your eligibility for seeking asylum before you begin the process. It is commonly understood that obtaining asylum is not easy. Below are some examples of ways in which you would not be eligible:

  • If you have been convicted of certain serious crimes, generally involving drugs or violence
  • Anyone who has taken part in the persecution of another person due to their race, nationality, religion, and other guaranteed freedoms
  • Those who are proven to have resettled in another country before arriving in the United States
  • Those convicted of a serious nonpolitical crime outside of the United States
  • Anyone prepared to pose a danger to the security of the United States

Do not wait to reach out to our firm today to address the specifics of your case and how we can best accommodate you.


Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.

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