Queens Asylum Lawyer

Assisting Clients Throughout Queens with Asylum Claims

Are you in fear of being persecuted in your home country because of your race, religion, nationality, membership in a particular social group, or political opinion? If so, you may be eligible for asylum.

The application process for asylum can be complex and time-consuming, but working with a skilled lawyer can make all the difference. At The Sekou Clarke Law Group, we guide clients through the asylum process and remain by their side throughout the entire process.

Contact us online or call (407) 269-8774 to schedule an initial consultation with our immigration law firm in Queens.

Qualifying for Asylum in the United States

To qualify for asylum in the United States, you must meet the definition of a refugee under the Immigration and Nationality Act (INA) and meet the required criteria.

In order to qualify, you must be:

• Already in the United States - You can apply for asylum regardless of your current immigration status, but you must be physically present in the country.
• Eligible for refugee status - You must prove that you are eligible for refugee status. This means you cannot return to your home country due to religious, political, or racial factors.

The Asylum Application Process

There are two ways to obtain asylum in the United States: affirmative asylum processing and defensive asylum processing. Both paths have important differences that influence when, how, and with whom you may apply.

While the affirmative asylum process is commonly used, the process you will follow largely depends on your current immigration status:

Affirmative Asylum Application

If you are outside of removal proceedings, you are considered to be in granting affirmative asylum. You should apply for the affirmative asylum process within a year of entering the country.

Follow these steps during an affirmative asylum hearing:

1. Submit the Form I-589 - This initiates your application for affirmative asylum.
2. Participate in a biometric appointment - This process involves getting your fingerprints recorded and having a background check.
3. Participate in a merit hearing - This is not a court proceeding. Instead, it is a non-adversarial interview with a USCIS officer who will determine whether you are to be granted affirmative asylum.

Once you submit the Form I-589, you must reschedule your hearing with a USCIS asylum office in Queens, Garden City, or Long Island—unless your legal representation tells you to go first.

Defensive Asylum Application

If you are involved in removal proceedings (deportation) or if your case is pending with an immigration judge, then you should apply for the defensive asylum process.

The defensive asylum application requires the respondent to demonstrate eligibility for asylum in front of an immigration judge. The applicant is opposed by an attorney who represents the Department of Homeland Security.

While defensive asylum is used in many cases, this process still varies slightly. For example:

Even if the applicant failed to complete the proper process for submitting the Form I-589, the criminal court has obtained their psychological evaluations due to the following effects of the trauma:

• Post-traumatic stress disorder (PTSD) which includes recurring flashbacks to the incident, depression, night terrors, anxiety, over-reactive startle response, emotional detachment including inability to establish social relationships, increased tendency for aggression and violence, sleep disorder, and sexual dysfunction.
• Battered spouse syndrome which include low self-esteem, exaggerated sense of helplessness and hopelessness, irrational fear, regression, ambivalence towards the spouse (including strong feelings of love and hatred), and suicidal ideation.
• Victim of domestic violence which include depression, low self-esteem, loss of interest in activities, suicidal tendencies, feelings of guilt and shame, and feelings of isolation and helplessness.
• Victim of human trafficking which include isolation, loss of control, depression, anxiety, panic attacks, recurrent nightmares, memory problems, difficulties concentrating, suicidal ideation, sleep deprivation
• Victim of child abuse which may include low self-esteem; chronic depression; suicidal ideation and tendencies; chronic anxiety, shame, and guilt; difficulties in focus and concentration; being an isolationist; insomnia; disrupted personalities; and an excessive dependence on and need for structure and control in daily life.

How to Obtain Asylum for Your Family

You can request derivative asylum for your spouse and children. This must occur before your asylum application is approved. To request a derivative asylum, your family members must either be accompanying the asylum seeker if they are in the United States or must be part of the same asylum application as they are already in the country.

In addition to submitting Form I-589, you must file the I-730 form to request derivate asylum for your family. You will also need to:

• Prove your identity and relationship to your family members
• Explain how your family will have no legal problems and is in the United States
• Show supporting documents (evidence) such as your family members' passports/IDs, exercises, and proof of funding

It is also important to note that if your family enters the country with you, they must simultaneously apply for asylum. If you are separated upon arrival, they will not be eligible for derivative asylum.

Employee Rights

Violations of Asylum Procedures: If you think that your rights as an asylum seeker in the United States have been violated, you can find additional help and support by contacting the U.S. Citizenship and Immigration Service Ombudsman. 

You may even wish to contact the preservation department and request the assistance of a Queens, Garden City, or Long Island asylum attorney who can help you understand your eligibility for protection or a relief organization specializing in immigration with a legal help center near your home in Queens, NY.

Clicking the Flag button on any page within this site to make a report that will be sent directly to U.S. Immigration and Customs Enforcement (ICE). They can investigate and enforce the various immigration benefits we offer. Asylum and Refugee Rights (AILA), the organization for immigration attorneys, also offers a variety of resources that you may find helpful.

Appealing a Decision

An application for asylum may be denied by USCIS denied by USCIS. If your application is rejected, you will be referred to an immigration court. The immigration court will conduct a new hearing and may take into account any pre-existing evidence when making a decision regarding your asylum application.

If an immigration court denies an application after a hearing, you will be ordered to leave the United States. You then have the right to file an appeal with the Board of Immigration Appeals.

If the board dismisses your appeal, does not make a decision, or believes the court's decision is correct, you may have the opportunity to file an appeal with the federal circuit in which your immigration court is located. Review your state executive documents for your specific options for filing and immigration appeal.

How Our Firm Can Help

The process of applying for asylum can be complex. There are many strict deadlines, detailed forms that must be filled out accurately, and supporting documents that must be provided. Most importantly, your credibility will be called into question. Our firm is equipped to help you gather the necessary documentation and prepare for the interview that will determine the success of your case.

Attorney Sekou Clarke in particular specializes in immigration law as he is board certified in this field. By working with our Queens asylum lawyer, you can be confident that you will receive the level of competent and compassionate legal counsel you deserve.

Contact us online or call (407) 269-8774 to schedule an initial consultation with our team.