What is Asylum?
Asylum is a protection offered by one nation to someone who has left their native country because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group and or political opinion. If you are granted asylum in a foreign nation, such as the United States, you will be permitted to remain in the United States.
Who Qualifies for Asylum?
In order to qualify for asylum must be arriving or already be physically present in the United States. Furthermore, you must be able to show that you have left or are leaving your native country due to persecution or fear that you will suffer persecution due to race, religion, nationality, membership in a particular social group or political opinion.
What Documents are need to file for Asylum?
To apply for asylum in the United States, you will need to file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival into the country. You may include your spouse and children on your application, as long as they are in the United States when you file or when the final decision is rendered. In order for your child to be included in your petition, they must be under the age of 21 and unmarried.
If you wish to apply for permission to work in the United States while under asylum, you must wait 150 days since the filing of your petition. After 150 days have passed, you must file a Form I-765, Application for Employment Authorization. If you have a pending asylum application or have been granted asylum, you do not have to pay a filing fee for your Form I-765.
Upon being granted asylum, you may apply for a green card. You must wait one year from the date you were granted asylum before you can start applying for a green card. In order to apply for a green card, you need to file a Form I-485, Application to Register Permanent Residence or to Adjust Status.
Unlike most immigration based petitions, there is no fee associated with applying for asylum.
Why Hire an Attorney?
Due to the serious nature and sensitivity of applying for asylum, we highly recommend you meet with an immigration attorney to help you file your petition.
To speak with our immigration attorney and see how he can help you file for asylum call us at (510) 500-1155 or click on the contact us tab to make an appointment.