Have you been the victim of past persecution in your home country or your last country of residence or do you fear future persecution in your home country or last country of residence? The persecution must be based on at least one of the following five grounds,
(i) Race
(ii) Religion
(iii) Nationality
(iv) Political opinion or
(v) Membership in a particular social group
If the aforementioned applies to you, it is extremely important that you contact us considering there are risks that you will face if your application is denied. Preparing an asylum application is analogous to writing a book. Note that you must file an asylum application within one year of arrival in the United States in order to be eligible. Do not leave anything to chance!
FAQS
Refugee status is granted to individuals outside their home country who are unable or unwilling to return due to a well-founded fear of persecution.
Asylum status is granted to individuals already within the borders of the United States where they seek protection.
In the U.S., there are two main ways to apply for asylum:
- Affirmative Asylum Application: If you are not in removal proceedings, you can apply with U.S. Citizenship and Immigration Services, i.e. USCIS.
- Defensive Asylum Application: If you are already in removal proceedings, for instance, if you’ve been detained by immigration authorities or have been issued a Notice to Appear, you will apply for asylum with an immigration judge.
Yes, individuals who enter the country without authorization can still apply for asylum. However, being in the country unlawfully can complicate your case and may result in immigration consequences. It is always a good idea to seek legal advice if you are in this situation.
After applying, the process generally involves:
- Interview with USCIS, affirmative cases or a court hearing, defensive cases.
- Asylum interview: If your case is affirmative, you’ll be interviewed by a USCIS asylum officer, who will assess whether you meet the eligibility requirements.
- Court hearing: If your case is defensive, your case will be heard by an immigration judge in court.
The asylum process can take several months or even years due to backlogs. Depending on the country and the specifics of the case, it can take several months to years to receive a decision. Some applicants may wait for years for an interview or hearing.
If your asylum application is denied, you may have the opportunity to appeal the decision or file for Withholding of Removal or Protection under the Convention Against Torture, CAT if you can demonstrate that you would be tortured if returned to your home country. If your appeal is unsuccessful, you could be ordered removed, i.e. deported.
Yes, if your asylum application is pending for more than 150 days without a decision, you can apply for a work permit, i.e. Employment Authorization Document or EAD. However, there are specific rules and delays, hence why it is important to consult with an experienced Immigration Attorney.
If you leave the U.S. while your asylum application is pending, you may be considered to have abandoned your application. In some cases, you may be able to apply for Advance Parole, which allows you to travel and return, but this must be approved in advance by USCIS. Traveling outside the country without Advance Parole may result in your asylum case being canceled.
Asylum seekers must generally file their application within one year of entering the country. If you miss this deadline, you will need to show that you qualify for an exception, such as changed circumstances in your home country, or extraordinary circumstances affecting your ability to apply.
Yes, you can include your spouse and children under the age of 21 in your asylum application as derivatives. If you are granted asylum, your family members can also receive asylum.
If you are granted asylum, you will be allowed to stay in the U.S. and can eventually apply for a green card, i.e. permanent residence after one year. You can also apply to bring certain family members to the U.S. through a family reunification process.
If asylum is denied, you may be placed in removal proceedings and could be deported. However, you may be eligible for other forms of protection, such as Withholding of Removal or Relief under the Convention Against Torture, i.e. CAT if you can demonstrate a fear of harm upon return to your country.
Contact us for assistance with your asylum application or if you have questions about the asylum process.