Discussion
What is a Asylum?
Asylum is a legal pathway leading to a green card for foreigners who cannot return to their home country due to persecution. Past persecution supports the argument that returning home will expose you to the risk of further persecution.
Persecution
Persecution must be on account of at least one of the following:
- Belonging to a particular social group;
- Race;
- Nationalities
- Religions
- Political opinion.
Particular social groups are often targeted for persecution, such as those who are a member of an LGBT community, for example. There are many types of communities under threat. Attorneys are adept at identifying targeted groups.
IMPORTANT: You must come to the US from the country in which you were persecuted. You cannot successfully apply for US asylum if you left your home country and have settled in another country out of danger before coming to the USA. Traveling through or visiting another company temporarily is not resettlement. Please discuss this issue with your attorney.
Who can apply for asylum status?
Any alien who is physically present in the United States or arrives in the United States, regardless of such alien's status, may apply for asylum under 8 USC §1158.
A a spouse or child under 21 years of age may obtain immigration benefits as family dependents if you include them at the time you file the asylum application. Each family member can apply for his or her own asylum claim. A child applicant must be under 18 years of age when the asylum application is filed.
When to apply?
The application must be submitted within 1 year after the foreigner’s most recent date of arrival in the United States. In some cases, it is possible to apply after one year if there are changed circumstances in your home country which now prevent you from returning home due to persecution. Minor children have special considerations and options depending on their circumstances.
Where to apply?
Defensive Asylum: Those who surrender at a border crossing or are caught by border patrol may claim asylum at that time. Defensive asylum seekers are put into immigration removal proceedings and must press their claims in an immigration court.
Affirmative Asylum: Those who successfully cross into the US, either through a border check or not, without being stopped may apply with the United States Citizenship and Immigration Services. Applications are filed with USCIS from anywhere in the US, and the asylee is free to remain in the US lawfully while the asylum application remains pending.
If possible, it is best to cross into the US at a border checkpoint with proper documentation and enter the US freely.
How to obtain asylum in the USA?
- Immigration form I-589 must be filed within a year after your last entry into America, excluding exceptions.
- Include spouses and minor dependent children in the application.
- Provide full information about who is persecuting you and for what purpose.
- Persecution must be by the government of your home country or by people that the government cannot or will not control.
- Not all hostile behavior towards you is persecution. A brief detention of several days in custody in your home country may be insignificant evidence of persecution. Moreover, persecution by itself is not enough if the police in your home country can protect you.
- You must not have persecuted others.
- Evidence of your persecution is important; your word alone is likely not sufficient.
Attorneys often help asylees prepare the asylum claim prior to arrival in the US.
Green cards
A successful asylum claim results in a green card. The spouse and minor children of an asylum applicant may also obtain green cards.
How long does it take?
Immigration agencies are currently taking several years to process asylum claims. Processing times depend on how and where the asylum is pending.
Can I get a work permit and international travel permission prior to asylum approval?
Yes, you may file for a work permit more than five months after the asylum application is filed. You may also file for advance parole for international travel, but just not to your home country since that is the place you fled.
Can I change to another immigration option while my asylum application remains pending?
Yes, it is possible to obtain a green card or other immigration benefit while waiting for your asylum application to be adjudicated. Some foreigners fleeing persecution are wealthy and can invest in the US economy. Others have advanced degrees and employment opportunities to pursue, such as in the STEM field. Still others marry a US citizen or permanent resident green card holder and pursue a green card based on the marriage. Each circumstance is different.
IMPORTANT: Those who are thinking about applying for asylum and then switching to another immigration status must not file a frivolous asylum claim as a pretext to be in the US. Someone who files false information with an immigration agency is prevented from pursuing all immigration options. A hardship waiver would be required to overcome the finding of misrepresentation, and such a waiver is not easy to obtain.
We've helped a number of clients supplement applications in process that were filed by a different attorney, but the submissions were not compelling.
Granting asylum can be a complex process. Our office has the experience and dedication needed to give you the best chance of success, as well as advise you on other immigration options.
Our Immigration Law Practice
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When you hire Allan S. Lolly, P.C., you hire a team of experienced professionals with decades of knowledge who can help solve problems the right way. We take our work seriously.
We want you to succeed, whether you are pursuing a green card, marriage visa, fiancé visa, bar waiver, victim rights, or other family or employment benefits. We’ve successfully obtained well over 15,000 visas and green cards for family members from over 190 countries. We can help you.