Asylum

Asylum

People come to the United States seeking protection under asylum because they have suffered or fear that they will suffer persecution due to their
  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion
Those who are eligible for asylum may be permitted to remain in the United States. In order to apply for Asylum, you must file a Form I-589, Application for Asylum and for Withholding of Removal, within one (1) year of your arrival into the US. NOTE: There is no fee to apply for asylum.

Your spouse and children who are in the US may be included on your application at the time you file or at any time until a final decision is made on your case. Your child must be under 21 and unmarried to be eligible to include on your asylum application.

PERMISSION TO WORK IN THE U.S.

You CANNOT apply for employment authorization at the same time you apply for asylum.


You may apply for employment authorization ONLY if

 

  1. 150 days have passed since you filed your complete asylum application, excluding any delays caused by you, AND
  2. No decision has been made on your application.

 

You may begin working immediately once you are granted asylum. Some asylees choose to obtain Employment Authorization Documents (EADs) for convenience or identification purposes. But an EAD is not required for working if you are an asylee. If you do wish to apply for an EAD, then you must file a Form I-765, Application for Employment Authorization, with USCIS. NOTE: If you have been granted asylum or have a pending asylum application, there is no fee to apply for your first EAD.graph

BRINGING YOUR FAMILY TO THE U.S.

If you have been granted asylum, you may petition to bring your spouse and children to the U.S. You must file a Form I-730, Refugee/Asylee Relative Petition, with USCIS. In order to be able to include your child on your application, the child MUST be under 21 and unmarried. You must file the petition within two (2) years of being granted asylum, unless there are humanitarian reasons to excuse this deadline.


NOTE: There is no fee to file this petition.

FILING FOR PERMANENT RESIDENCE (Green Card)

One (1) year after being granted asylum, you may apply for permanent residence (green card). You must file a Form I-485, Application to Register Permanent Residence or to Adjust Status. A separate I-485 application packet must be filed for yourself and, if applicable, for each and every family member who received derivative asylum based on your case.


Asylum cases are very fact-specific. A consultation would be necessary to verify your eligibility and develop a winning strategy to avoid any problems which could develop with your case.