ASYLUM

FAQ

Asylum is an immigration process that allows a foreign national, no matter how they entered the country, to try to legally stay in the United States.

To qualify for asylum, you must show that you have been persecuted or feared persecution based on race, religion, political opinion, nationality, or membership of a particular social group. This is a factual process and it is important that you provide all information to a lawyer for verification. We’ve helped clients get asylum in the United States and we’d love to hear from you. Contact us to schedule a free consultation.

The most important piece of evidence supporting asylum is a well-documented story that discusses your past persecution or fear of persecution based on race, religion, political opinion, nationality, or membership of a particular social group. You must have a written statement that discusses your specific circumstances, as well as documentation to support the information in your story.  This could include news articles, photographs, medical records, and other people’s statements that can corroborate your story. We helped clients collect the necessary supporting documentation to substantiate their asylum application. Please contact us to schedule a free consultation to determine your asylum history and what documents you can provide to support this request.

Your asylum application must be made within one year of your entry into the United States. If you entered the United States illegally, you must be able to provide proof of when you entered the United States.

You will apply for asylum with your application and supporting documents to the immigration office, which will send it to your local asylum office. You will receive a receipt notification as well as a biometric appointment request where the local office will take your photo and fingerprints to verify your identity. You usually receive these notices within two weeks or a month of filing. Eventually, you will be scheduled for an interview with the asylum officer to discuss and verify your application.

Yes, the current government asylum regulation allows you to apply for a work permit one year after the government received your asylum request. Once your work permit is approved, you will be allowed to work in the United States.

Interviews will be scheduled at your local asylum office. Each office has its own schedule. We are working with our clients to help them communicate an expected timeline for when an interview will be scheduled and have contacted local offices in the past to obtain asylum interviews.

Each officer has a different way of asking questions. Typically, the officer will ask questions to determine the veracity of the information on your asylum application, as well as certain background and criminal records. When we worked with asylum applicants, we prepared them for interviews several times by conducting mock tests. We will be happy to provide you with the same service. Contact us for a free consultation.

Several things can happen after the interview, one of which is that the officer approves your asylum application. If the officer does not think you are eligible for asylum, he will take your case to an immigration court, and you will eventually receive an asylum hearing by an immigration judge. Over the past ten-plus years, we have had several clients who have prepared their own asylum applications who have asked us for help after the interview, as their case was brought to court.  We can work with you even if we did not submit your initial asylum application. Contact us to schedule a consultation so we can prepare you for your litigation.

Yes. You will be able to apply for a green card.

You can apply for a green card one year and one day after your asylum application has been approved, whether approved by an asylum officer or an immigration judge.

No. You will not be able to return to your foreign country if you have an approved asylum application because you have testified that you fear your return to your country. There are certain exceptions to this rule, and in the past we have worked with clients who could travel to their home country and retain their asylum status. Please contact us if you have asylum and need to return to your home country.

You will be able to apply for naturalization on the fifth anniversary of your green card.

Usually not. If you have dual citizenship, you will need to confirm your asylum application for both countries. You cannot seek asylum in the United States for persecution in only one country. For example, if you are Venezuelan or Spain, you cannot seek asylum in Venezuela because the Immigration Service believes that you can safely move to Spain and not seek asylum in the United States. If you have dual citizenship but your spouse does not, your spouse can apply for asylum and declare that you are a dependent.

Yes, your spouse and children under the age of 21 are included in the asylum process and your spouse will be able to obtain a work permit at the same time as you. Your entire family will also be able to get a green card and naturalize when you can do the same.

It depends. If you have lived in another country for more than six months, you will not be able to apply for asylum from your home country while in the United States. If you have been in the country for only a short time, you can do so. We will be happy to discuss your situation with you. Contact us for a free consultation.

The main risk of applying for asylum is that if denied, you will receive an expulsion order from the immigration court and be returned to your home country. This removal procedure will seriously affect your ability to return to the United States in the future. 

 

In the past, we have worked with clients to successfully apply for asylum. It is important that you discuss all information with us, even if you do not think it is relevant. Please contact us for a free consultation to discuss your situation.