Strategic Asylum & Withholding of Removal Representation in New York

Understanding Asylum and Related Forms of Protection

U.S. immigration law allows noncitizens to apply for protection if they have suffered persecution in their home country (or have a well-founded fear of future persecution) based on one of five protected grounds:

1. Race
2. Religion
3. Nationality
4. Political opinion
5. Membership in a particular social group

Depending on where your case stands, your path to protection will follow one of two legal tracks:

Affirmative Asylum

If you’re physically present in the United States and are not currently in removal proceedings, you can file an affirmative application with U.S. Citizenship and Immigration Services (USCIS). This process involves filing Form I-589 within one year of your last arrival in the country, barring specific statutory exceptions. You will attend an interview with an asylum officer who will assess your application and credibility.

Defensive Asylum

If you’re placed in removal proceedings before an immigration judge, either following an affirmative referral or an enforcement action, your claim becomes defensive. In this context, you present your evidence, witness testimony, and legal arguments directly to an Immigration Judge within the Executive Office for Immigration Review (EOIR), while an attorney for Immigration and Customs Enforcement (ICE) acts as the government's representative.

Withholding of Removal and CAT Protection

If you do not meet the strict requirements or the one-year filing deadline for asylum, you may still qualify for Withholding of Removal or relief under the Convention Against Torture (CAT).

Asylum

• Burden of Proof – “Reasonable Possibility” (~10% threshold)
• Permanent Residency Pathway – Yes (Can apply for Green Card after 1 year)
• Family Coverage Included – Yes (Spouse & unmarried children under 21)

Withholding of Removal

• Burden of Proof – “More Likely Than Not” (>50% threshold)
• Permanent Residency Pathway – No (Prevents deportation, grants work permit)
• Family Coverage Included – No (Derivatives must file separate claims)

CAT Relief

• Burden of Proof – “More Likely Than Not” (Specific to Torture)
• Permanent Residency Pathway – No (Deferral or withholding of removal)
• Family Coverage Included – No (Individual application only)