Asylum in the U.S.

Updated on Thursday 09th June 2016

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Each year, foreign citizens arrive in the U.S. looking for protection because they have suffered persecution or they are afraid they can suffer persecution because of:

•    Race;
•    Religion;
•    Nationality;
•    Membership in a special social group;
•    Political view.

If a person meets these criteria for asylum in the U.S., he or she may be allowed to reside in the country

In order to apply for asylum, the foreign citizen has to file a Form I-589, Application for Asylum and for Withholding of Removal in maximum one year from the date of their entry in the U.S. No fee is required to apply for asylum.

The applicant’s married partner and unmarried children under the age of 21 who live in the U.S. may be included on the application. 
 

Work in the U.S.

 
The asylum applicant is not allowed to apply for permission to work in the U.S. in the same time he or she applies for the asylum. The candidate can apply for employment authorization in the following cases:

•    if 150 days have passed since he or she applied his or her entire asylum application, excluding any delays caused by the applicant; and
•    there has been no decision made on his or her application.

After the asylum in the U.S. is granted, the asylum seeker is able to work immediately. 
 

Bringing family to the U.S.


If a person is granted the asylum in the U.S., he or she can request to bring his or her spouse and children to the U.S. by submitting a Form I-730, Refugee/Asylee Relative Petition. For children to be able to be included in the application, they have to be unmarried and under the age of 21.

The application has to be filed in maximum two years from the date the applicant has been granted the asylum, except for the cases in which there are humanitarian reasons which can exceed this deadline. No fee is required to file this petition. Our immigration lawyers in Miami can provide you with more details on this.
 

Applying for the green card (permanent residence)


The asylee can apply for the green card one year after he or she received the asylum. In order to apply for a green card, the person in question has to file a Form I-485, Application to Register Permanent Residence or to Adjust Status. Such a form has to be submitted separately for the asylee and each family member, if applicable, who was granted derivative asylum in the U.S. based on the asylee’s case.

It is advisable ask assistance from an immigration lawyer in Miami  from the very start of the asylum request process. The asylum can be granted based on various convincing documents and a readiness to testify, which a qualified lawyer can assist you with. Please contact us if you would like to know more. 

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