What is Asylum?
- Asylum, if granted, gives an individual protection for future persecution and status in the U.S. Someone who wins an asylum case is called an “asylee” and becomes eligible to work and live in the U.S. indefinitely.
- The persecution or fear of persecution cannot be for just any reasons. The individual seeking asylum must have been persecuted because of one of the following reasons:
- Their race
- Their religion
- Their nationality
- Their political opinion
- Or their membership in a particular social group
How does someone apply for asylum?
- Affirmative asylum means you are applying directly with USCIS, an immigration agency under the U.S. Department of Homeland Security. These cases are decided by one of the various asylum offices which are located in various regions across the U.S. If someone is out of status at the time that their asylum application is decided, they are referred to immigration court.
- Defensive asylum is when an individual is in removal proceedings in immigration court and applying for asylum directly with an immigration judge to try to avoid removal from the U.S. Someone in removal proceedings can also apply for forms of relief called Withholding of Removal and either Withholding or Deferral under Article III of the Convention Against Torture.
What is the difference between a refugee and an asylee?
- Refugees are protected individuals whose entry to the U.S. has been facilitated from outside the U.S. They have been interviewed abroad, where relocation to the U.S. for their protection is arranged in coordination with the U.S. government.
- An asylee must meet the same requirements as a refugee to gain legal status, but becoming an asylee means that you applied for asylum after already being present in the U.S.
When should I apply for asylum?
- Everyone is subject to a strict rule that requires an asylum seeker to file their application within the first year that they are present in the U.S.
- This rule applies to immigrants in removal proceedings even if their first court hearing date has not been scheduled or has not occurred.
- There are few exceptions to this rule, but where the applicant proves that delay was caused by qualifying charged or extraordinary circumstances, they may be deemed eligible for asylum even though more than one year has passed. One example includes situations in which the applicant has some form of legal status already, or where they fell out of legal status, but filed within a reasonable time after becoming undocumented.
Can I get a work permit if I apply for asylum?
- Yes, an asylum applicant may qualify for a work permit while their application remains pending before USCIS or the immigration courts.
- An asylum applicant requests an employment authorization document based on category (c)(8).
- Asylum applicant are not eligible to file a work permit application until day 150 following the submission of their application before a judge or before USCIS.
- USCIS is the place to file, even for those in court. USCIS cannot legally issue a work permit to an asylum seeker until 180 days pass following the date of filing.
- The 150 and 180 days are measured by a government system called the “asylum clock.” The “asylum clock” is simply internal government data that tracks the number of days that have accrued to an applicant after they file their I-589 application.
- The asylum clock is not always the same as the actual number of calendar days that have passed. For example, if someone causes delay in their case, the accrual of time stops and the clock stops moving forward. Delay, for example, can be caused by someone asking an immigration judge for more time to prepare their case.
Can I get a green card through asylum?
- Yes, if your asylum application is approved, you will become an asylee. Asylees can file applications for residency to get their green cards after they have been present in the U.S. for 365 days, if they meet all other requirements.
- International travel is possible as an asylee, or as a resident through asylum, and you do not need a passport from the country where you fear harm. You may apply for a Refugee Travel Document. However, you must still ensure that the country you are traveling to will accept your entry to that country.
- Returning to the country where you claimed persecution, or fear of persecution, could cause you to lose your asylee status.
- U.S. residents who received their green card through asylum are on a pathway to apply for naturalization to U.S. citizen status like all other residents.
- The issuance date on your green card should be backdated by 365 days on the date of actual approval.
Our Results Speak for Themselves
We Treat Our Clients Like Family