Asylum
What is asylum?
Historically the U.S. have welcomed and sheltered those fleeing violence, repression, and a lack of freedom in their homelands. Law has experienced some changes, but the U.S. still offer a chance to live a life of dignity and opportunity for those who are oppressed and persecuted.
Asylum status is a form of protection available to you if you are already in the U.S. and can demonstrate (prove) that you were persecuted or fear persecution due to (1) race, (2) religion, (3) nationality, (4) political opinion, or (5) membership in a particular social group.
What is “persecution”?
There is no list of specific examples of the kinds of persecution that would qualify someone for asylum. However, case law sheds some light on this matter. Persecution may include, but not limited to, threats, violence, torture, inappropriate imprisonment, or denial of basic human rights or freedoms. For instance, the following may qualify as persecution, if a foreign government has (1) imprisoned and tortured political dissidents or supposed undesirables, (2) fired weapons on protesters, (3) committed genocide against a certain race, (4) made sure that members of a certain religion were left out of the political process, (5) controlled the population, and etc.
What do the five grounds of persecution mean?
The first three grounds—race, religion, and nationality—are fairly self-explanatory.
Political opinion means that you hold opinions that the government of your home country does not tolerate, most likely critical of the government's policies or methods (e.g., by speaking in public, writing about your criticisms, or taking part in anti-government protests).
Particular social group is composed of members who share a common, immutable characteristic, such as sex, color, kinship ties, or past experience, that a member either cannot change or that is so fundamental to the identity or conscience of the member that he or she should not be required to change it.
Is asylum status the same as refugee status?
No, but they are closely related though. They differ only in the place where a person asks for the status. Asylum is asked for in the U.S.; refugee status is asked for outside of the U.S.
When should I ask for asylum?
You must ask for asylum at the port of entry (e.g., airport, seaport) or file an application within 1 year of your arrival in the U.S. (exceptions apply). But you need to remember that the timing is crucial here (e.g., the same case may result in a different outcome just depending on whether you filed within or beyond the one-year period).
Is there a limit on the number of individuals who maybe granted asylum in the U.S.?
No.
Can I still apply for asylum if I am “illegal immigrant”?
Yes, you can apply regardless of your immigration status.
What am I required to file?
Is it free?
Yes.
How long does it take to complete my asylum processing?
According to law, a decision should be made on the asylum application within 180 days after the date the application is filed. But it usually depends on the complexity of your case and the place where you file (e.g., in Miami, FL, you need to wait longer than in Jacksonville, FL, just because more people apply there). There are instances when people wait years.
Can I travel outside the U.S. after applying?
Yes, but you must receive advance permission. Otherwise, you could be denied returning to the U.S.
Can I apply for an employment authorization?
Yes. You may apply for employment authorization if 150 days have passed since you filed your complete asylum application (i.e., you get the employment authorization and can work while you waiting for the final decision).
Can I bring my family if I am granted asylum?
Yes. If you are granted asylum you may petition to bring your spouse and children to the U.S. by filing a Form I-730 . To include your child on your application, the child must be under 21 and unmarried.
Can I apply for a green card if I am granted asylum?
Yes, and this is the best thing about it. You may apply for a green card 1 year after being granted asylum. Moreover, your spouse and your children (under 21 and unmarried) can apply as well. And then all of you can apply for citizenship.
Where can I find more information?
Here.
MVDG Law can help you to go through this process. If you need our help or would like us to evaluate your case, please contact us.