Seeking Asylum in the United States: A Guide for Applicants
As a U.S.-based law firm specializing in immigration law, we understand the complexities and challenges involved in seeking asylum in the United States. Our goal is to provide accurate, up-to-date information to help individuals navigate the asylum process with confidence.
What Is Asylum?
Asylum is a legal protection granted to individuals who have fled their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Those granted asylum in the U.S. can live and work legally and, after a certain period, apply for permanent residency (a Green Card) and eventually U.S. citizenship.
Who Qualifies for Asylum?
To qualify for asylum, an applicant must meet the following criteria:
- Be physically present in the U.S. or at a U.S. port of entry.
- Demonstrate a well-founded fear of persecution in their home country due to one of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
- Prove that the government of their home country is either involved in the persecution or unable to provide protection.
- File an asylum application within one year of arrival in the U.S., unless eligible for an exception.
The Asylum Application Process
The asylum process in the U.S. typically follows these steps:
Step 1: Filing Form I-589
An individual seeking asylum must submit Form I-589, Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS) within one year of arrival in the U.S. No filing fee is required.
Step 2: Biometrics Appointment
After filing, the applicant will receive a notice to attend a biometrics appointment at an Application Support Center, where fingerprints will be collected for background and security checks.
Step 3: Asylum Interview or Referral to Immigration Court
- Affirmative Asylum Applicants (those not in removal proceedings) will attend an interview with an asylum officer at a USCIS Asylum Office.
- Defensive Asylum Applicants (those already in removal proceedings) will present their case before an immigration judge in court.
Step 4: Decision
- If the asylum officer approves the case, the applicant is granted asylum and may apply for a work permit and eventually a Green Card.
- If the asylum application is denied, the case may be referred to an immigration judge for further review.
What Happens After Asylum Is Granted?
Asylum seekers who are granted asylum status can:
- Apply for a work permit immediately.
- Request to bring family members to the U.S. by filing Form I-730 (Refugee/Asylee Relative Petition).
- Apply for lawful permanent residency (Green Card) one year after receiving asylum.
- Apply for U.S. citizenship after four years as a Green Card holder.
Challenges and Common Pitfalls in the Asylum Process
The asylum process can be complex and challenging. Some common issues include:
- Missing the one-year filing deadline.
- Lack of sufficient evidence to support a claim.
- Inconsistent statements that may raise credibility concerns.
- Changes in U.S. asylum policies that impact eligibility.
How Wang Law LLC Can Help
Our experienced immigration attorneys can assist asylum seekers by:
- Evaluating eligibility and strengthening the asylum application.
- Preparing necessary documentation and gathering evidence.
- Representing clients in interviews and court hearings.
- Providing legal guidance on related immigration matters.
Contact Us for Legal Assistance
If you or a loved one are seeking asylum in the United States, our law firm is here to help. Contact us today for a consultation to discuss your case and explore the best options for your immigration journey.
Wang Law LLC
Phone: 708-966-9999
Email: info@wanglaw.com
Website: www.wanglaw.com