Seeking asylum in the United States is a complex process with many pitfalls. Failure to meet appropriate requirements for an asylum application can lead to denial of asylum and deportation back to your country of origin.
An associated asylum attorney from Fresh Start Immigration Law can help you understand asylum eligibility requirements and help you file the appropriate documentation. Contact us today to learn more.
Asylum is a legal protection extended to individuals who have suffered persecution in their home country due to race, religion, nationality, social grouping, or political opinion.
People who receive asylum have the right to reside and work in the United States. Depending on the conditions of your asylum, you may be able to file for a Green Card and eventually seek U.S. citizenship.
There are typically two ways to seek asylum in the United States: affirmative and defensive. Individuals in the U.S. who are not in removal proceedings may apply through the affirmative asylum process. Those who are in removal proceedings must apply through defensive asylum processes.
During affirmative asylum proceedings, the asylum seeker can proactively seek asylum by applying through U.S. Citizenship and Immigration Services (USCIS). Defensive asylum seekers apply through the Executive Office for Immigration Review (EOIR) as a way to defend themselves from the deportation process.
Those seeking affirmative or defensive asylum have a legal right to an attorney. The associated asylum lawyers at Fresh Start Immigration Law can help you navigate the process.
To file for asylum in the United States, you must meet the following requirements:
These requirements may vary depending on your deportation status, country of origin, and other conditions. An asylum immigration lawyer associated with our firm can help you learn whether you qualify.
The steps for filing for asylum differ depending on whether you file affirmatively or defensively. Regardless of your filing method, you will still need to:
When you submit your Form I-589, will be asked to include the following supporting documents, if applicable:
An asylum attorney associated with Fresh Start Immigration Law can help you gather the necessary information.
When you attend your asylum interview, bring the original documents plus one copy of each. An interpreter must attend to translate if you cannot interview in English, and you must bring any family members included in your application, along with their supporting documents. You can also take an attorney or representative with you.
During your asylum interview, a USCIS officer will confirm your identity and biographical information and verify your reason for applying for asylum. They will ask questions to determine whether you are barred from seeking asylum.
An immigration lawyer for asylum associated with our firm can help you gather documentation, submit your asylum application, and prepare for your interview.
You may receive any of the following decisions for your asylum application.
If your claim is approved, you will receive an approval letter and completed Approval Departure Record. You can apply for employment authorization, a Social Security card, and a Green Card, along with other asylee benefits.
Your asylum application may be referred to an immigration court for further review but please note that this is not a denial. You will receive a letter of explanation and a notice to appear in immigration court. You do not have to resubmit your application in this case, but you may need to provide additional information.
You may receive a Notice of Intent to Deny (NOID). You have 16 days from the date of denial to submit additional evidence or a written explanation detailing why they should grant your claim. The officer will review the additional information and decide whether to approve your application or issue a final denial.
You may receive an NOID and final denial letter. If you do not respond to the NOID within 16 days or receive a final denial, you cannot appeal this decision. However, you may be able to reapply for asylum if you can show that your circumstances have changed.
If your application for asylum is referred to an immigration judge or denied, an asylum attorney can help you explore your options for appeal or reapplication.
While your application for asylum is pending, you can file an Application for Employment Authorization (I-765) to request an Employment Authorization Document (EAD) 150 days after you submit your asylum application. If approved for an EAD, you may be permitted to work 180 days after your asylum application.
If you are granted asylum, you immediately have permission to work, but you must still obtain an EAD. If you had an EAD while your asylum was pending and your application was denied, your employment authorization ends upon the EAD expiration or within 60 days of your denial, whichever is later.
The associated asylum attorneys at Fresh Start Immigration Law can determine whether you are eligible to seek employment authorization and guide you through the process.
We often receive questions from our clients about seeking asylum in the U.S., and the below questions are some of the most common one. If you have other questions, we are happy to answer them during your initial consultation.
Yes, asylum seekers can work in the United States if they obtain an Employment Authorization Document.
If an asylum seeker gets married to a U.S. citizen or lawful permanent resident, they could seek a marriage-based green card.
You must submit the application for asylum within one year of arriving in the United States.
You can apply for a Green Card one year after you are granted asylum, as long as you meet eligibility requirements.
If your application for asylum is denied, you may be deported. You may be able to appeal this denial, but you need to act quickly. You have 30 days to file this appeal, but deportation can occur at any time.
The appeal can temporarily delay the deportation process if you are granted a stay of removal.
Filing for asylum is a complicated process. You must complete appropriate forms, submit supporting documents, and attend an asylum interview. Without legal guidance, you could be at risk of denial and deportation.
An asylum attorney associated with Fresh Start Immigration Law can help you complete the asylum application, gather documents, prepare for the interview, and appeal the decision if your application is denied.
Contact Fresh Start Immigration Law today to find out how our associates can help. Our associated asylum lawyers offer free consultations.
Boca, Fort Lauderdale, New York, Long Island, California
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