Myths and Realities About Asylum Fraud – Criminal Immigration Lawyer


As an experienced immigration and criminal defense lawyer practicing in New York and New Jersey, I have encountered numerous cases involving asylum claims. In this essay, I aim to debunk common myths and shed light on the realities of asylum fraud. By providing clear definitions, explanations, and examples, I hope to educate readers on this complex legal process.

Understanding Asylum

What is Asylum?

Asylum is a form of protection granted to individuals who flee their home countries due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. It offers an opportunity for safety and a chance to build a new life in a host country.

The Asylum Process

The asylum process involves several stages, including an initial screening, a comprehensive interview, and a decision by an immigration judge. It is crucial to understand the intricacies of this process to ensure a fair evaluation of each asylum claim.

Debunking Myths

Myth 1: Asylum Fraud is Rampant

While instances of asylum fraud do occur, it is essential to recognize that the majority of individuals seeking asylum have legitimate claims. A small number of fraudulent cases should not overshadow the genuine need for protection faced by many asylum seekers.

Myth 2: Asylum Seekers Are Economic Migrants

Contrary to popular belief, most asylum seekers are not attempting to migrate solely for economic reasons. They are fleeing violence, persecution, or other dire circumstances that threaten their safety and well-being in their home countries.

Types of Relief from Deportation

To better understand the options available to individuals facing deportation, it is important to be aware of the various types of relief from deportation. Here are some examples:

  1. Asylum: As previously discussed, asylum can protect individuals who meet the criteria for fear of persecution in their home countries.
  2. Withholding of Removal: Withholding of removal is similar to asylum but has a higher burden of proof. It prevents deportation to a specific country where the individual may face persecution.
  3. Convention Against Torture (CAT) Protection: CAT protection is available to individuals who demonstrate that they would be subjected to torture if returned to their home countries.

Frequently Asked Questions

Q: Can an asylum claim be filed while in detention?

A: Yes, individuals can file an asylum claim while in detention. It is essential to consult with an attorney to guide you through the process.

Q: Can someone apply for asylum if they entered the country illegally?

A: Yes, individuals who entered the country illegally can still apply for asylum. The legality of entry does not affect eligibility for asylum.

For more information or assistance with immigration and criminal defense matters, please visit Criminal Immigration Lawyer.

By providing accurate information and clarifying misconceptions about asylum fraud, we can create a more informed society that upholds the principles of justice and compassion for those in need of protection.