Latest Updates to U.S. Asylum Restrictions – What to Know

Because of the change in the presidential administration, the lifting of COVID-19 restrictions, the immigration system is undergoing many changes. Recently, some of the restrictions placed on the asylum process have been lifted. Read on to learn more about what this may mean for you.

What Is Asylum?

Every day, millions of people across the world are impacted by persecution in their national countries due to their religion, race, social/ political affiliation, or nationality.

The United States offers relief for those affected by this persecution through asylum- this allows these individuals to enter the U.S. and seek safety.

Ways to Obtain Asylum

The two ways to win asylum include:

• Affirmative Asylum
  • If you are physically in the United States may be able to go through Affirmative Asylum processing through USCIS. In order to be eligible for Affirmative Asylum, you will have to make sure they apply within one year of the date you most recently arrived in the United States. If you fail to apply within one year, you may be eligible to apply if you show that you faced extraordinary circumstances that resulted in the delay.
• Defensive Asylum
  • If you are in jeopardy of being removed from the United States but you may be eligible for asylum, you may be able to apply for defensive asylum. In order to be eligible for this, you must be in the process of removal proceeding of immigration court. You may be placed in removal proceedings if you were found to be residing in the U.S. illegally or if you were found trying to enter the U.S. illegally.

Lifted Restrictions

The Trump administration imposed harsh restrictions making it more difficult for those fleeing their countries to obtain asylum in the U.S. Recently, these restrictions were lifted by the Biden administration. According to theguardian.com, “The attorney general, Merrick Garland, issued a new policy saying immigration judges should cease following the Trump-era rules that made it tough for immigrants who faced domestic or gang violence to win asylum in the United States. The move could make it easier for them to win their cases for humanitarian protection and was widely celebrated by immigrant advocates.”

Reach out to our firm with any questions or concerns regarding asylum. We are here to advocate for you every step of the way.

Contact Our Firm

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.