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Fleeing from your home country for fear of persecution or other serious harm and seeking asylum in another country can be stressful. Asylum law is one of the most complex areas of US immigration, and even small mistakes or slips can result in application rejection and deportation. Working with an asylum lawyer is necessary for successful outcome of your case. Alina Kats has been working on all types of asylum cases and helped people facing persecution due to their political affiliation, or membership in a social or religious group. She explains all you need to know about seeking asylum and works hard to ensure you remain safe and secure in the United States.
Asylum is for people who are afraid to stay in their country of origin because they have suffered persecution or have a well-founded fear that they will suffer persecution if they are forced to go back.
The reason behind their fear must be related to their race, religion, nationality, political opinion, or membership in a social group.
Anyone can apply for asylum as long as they meet the eligibility criteria.
It includes:
Even if you miss the one-year deadline, there are still certain exceptions, such as a change of circumstances in your home country or extraordinary personal circumstances under which you can apply. In immigration laws, the ‘because of’ component is the nexus requirement, which is essential for getting your asylum application approved.
To apply for asylum, you are required to complete and submit the Form I-589. It is a lengthy form in which you have to answer plenty of questions about yourself, your family, and why you fear returning to your country of origin. The form must be filled in English, and you should fill it out right and provide accurate information to prevent problems later on.
For people who have never been placed into removal proceedings or detained by immigration, you can apply for asylum affirmatively before USCIS. This means your application is not being filed in response or in defense of proceedings that have already been initiated against you.
For people who are already going through removal proceedings or have been detained, their application is a defensive one. It is best to work with a competent and experienced immigration lawyer to get the right help for filling out the form. Doing it right is important as everything you put on that application can be used against you later.
After you have filed for asylum, you will receive a confirmation from USCIS that they have received your application. Make sure to keep that receipt safe as you will need it later. Sometime later, you may receive an appointment to go in for fingerprints.
Follow all the instructions on that appointment notice carefully. The asylum office is using a ‘last in, first out’ policy with applications filed after January 2018. This means the interviews at the asylum office are coming very quickly, as soon as in 5 to 6 weeks.
The interview is your best chance to explain to the authorities why you should be granted asylum. Your lawyer can prepare you for the kind of questions you will be asked by the officer and how to respond to them. They can also help you collect supplementary evidence of the country’s conditions that can be provided to the officers so they can make a positive decision on your case.
You can also take your lawyer for the interview. Even though the officer will conduct the interview and make the decision, your asylum lawyer can make the closing statement, sum up the main testimony, and point out helpful things to the officer to make a final push for your case.
After the interview ends, you will receive an appointment letter that tells you to come back to the asylum office on a certain date to receive the decision. The office will either grant you asylum or refer your case to the immigration court. If you get the approval, you become an asylee in the United States and receive many rights and obligations.
In case of referral, it means your application has not been approved, but you have been given another chance to defend your case before the immigration court. Many cases are sent to the immigration court where they are approved.
Appearing before a judge can be an intimidating experience but it is essential. It is important to note that at this point, you are in removal proceedings which means if you are denied asylum by the judge, you are ordered removal from the United States. There is a presiding judge as well as a government attorney. The government attorney is like a prosecutor.
Your asylum lawyer will be there to plead your case and convince the judge that you deserve asylum. Thus, you should seek help from an experienced immigration attorney as they have already done many hearings at various immigration courts and can do a good job for you.
Once your application is approved and you are granted asylum, you can apply for your family members too, so they can join you in the US. For this, you will have to fill out Form I-730. However, there is a limit to which family members you can sponsor and when you can file the I-730.
In most cases, you have to file the form within two years if your asylum is granted, but some people may need to do it sooner. There are also exceptions to the filing rule for extraordinary circumstances, such as changed country conditions, extreme health issues, and a bad job by a previous lawyer. It is best to work with a knowledgeable asylum lawyer to ensure your paperwork is completed accurately.
If you are filing an affirmative asylum application, a clock starts ticking once your application is received by USCIS. After 150 days, you can apply for a work permit. Usually, 180 days have to go by until USCIS can actually grant the work permit.
Remember, if you cause delays in the application process, such as failing to bring an interpreter to the asylum officer interview and it gets rescheduled, your clock will stop, and you may never get a work permit. Make sure all your documents are ready and in place when you go for your asylum interview.
You are eligible to apply for a green card or permanent residency one year after you are granted asylum. Green card application is very lengthy and detailed, so make sure you have all the supporting paperwork and do it right.
Once you get a green card, you can apply to become a US citizen after five years through the process of naturalization.
Yes. Having a knowledgeable and experienced lawyer handling things for you can make a big difference in your case and increase your chances of success. Immigration laws, particularly those related to asylum, are complex, and navigating them on your own can be tough. You need someone who understands the legal system and has worked on similar cases before.
An immigration asylum attorney can:
Research shows that people who work with legal representation are far more likely to attain success than those without experienced legal counsel.
Whether you have missed the filing deadline or you are considering applying for asylum now, call Kats Immigration Law to discuss your case with our experienced immigration attorney. Alina Kats has helped her clients secure asylum successfully, even in complex and challenging cases. She reviews your case, discusses your options, and explains your rights. She understands that every case is unique and guides you through every step of the process to ensure you get a chance to present your case the best way and win asylum.