Requirements, Benefits, Limitations, Forms and Facts
Asylum was created for those individuals, considered refugees, already residing in the U.S. who need protection from persecution in their home country due to their race, religion, nationality or political views. The asylum program also applies to individuals that are seeking asylum at a port of entry to the United States who can prove that they have just cause. Asylum is applicable to any individual regardless of their home country. Even if an immigrant has entered the U.S. illegally, they are still eligible to apply for asylum and present their case. The asylum process can be complex and time consuming; therefore, it is essential to have an immigration attorney that is experienced and knowledgeable with asylum policies and procedures.
Benefits
- Immigrants can ask for asylum at any port of entry into the United States.
- Applicants may apply for asylum even if they are in the U.S. illegally.
- Applicants may apply for asylum benefits for their spouse or children (unmarried under the age of 21) at the same time as their application if the dependents are already in the U.S. or once asylum has been granted.
- Employment is possible if certain criteria are met. Please see 'Employment and Asylum' below.
- Immigrants may apply for a green card one year after being approved for asylum.
Limitations
- Asylum applications must be submitted within the first year of entering the U.S. (with few exceptions).
- Applicants must show proof that they meet the requirements of asylum.
- Immigrants may apply for asylum even if they have a criminal conviction. However, asylum may not be granted depending on the crime committed.
Requirements
- Individuals filing for asylum must reside outside of their home country.
- Applicants must live in fear of persecution such as imprisonment or torture.
- Applicants must live in fear of harm either from the home country's government, police or political groups.
- Individuals must prove they will suffer persecution in their home country due to race, religion or political affiliation.
- Asylum seeker cannot be a dangerous individual or one that has committed serious crimes.
- Filing for asylum must be done within one year of the applicant's arrival in the U.S. Exceptions are possible if the applicant can demonstrate that their situation had changed during their stay in the U.S. to now qualify for asylum or if there was an extenuating circumstance that delayed filing.
Forms Required
Examples of Proof
- Relevant medical or police reports
- Published articles relating to the case
- Relevant court or government documents
- Personal and eyewitness testimony
Employment and Asylum
- Asylum applicants may apply for U.S. work authorization if the following criteria are met:
- 150 days (roughly 5 months) have passed since your asylum application was accepted and you have not received a decision
- Once asylum has been granted, you are eligible to work immediately.
- In order to apply for work authorization, Form I-765, Application for Employment Authorization must be filed with USCIS.
Asylum Facts
- Reportedly up to 80% of asylum cases are denied due to lack of evidence, lack of representation or other factors. Legal representation is crucial.
- If an applicant is in the U.S. illegally and gets denied asylum, they are given 30 days to appeal with the Board of Immigration Appeals (BIA).
- Whether or not an applicant is eligible to apply for asylum will be determined by an Asylum Officer or Immigration Judge.
- Applicants will be subjected to background and security checks.
Given the high stakes of the outcome of your asylum application, it is important to understand your rights and your obligations under the law. If you are ready to begin the asylum application process or have questions then contact us today to schedule a call or a meeting. We are more than happy to call you wherever you are in the world at no cost to you.
