By: vadmin / December 19, 2023
On what basis can I seek asylum?
Asylum could be sought on the basis of any number of things. To seek asylum is to seek protection from a fear of persecution due to race, religion, nationality, membership in a social group, or political opinion. The definitions of each one of these are broader in some countries and narrower in others. Whatever the protection maybe, it is primarily in the form of humanitarian relief for migrants.
Is there a difference between a refugee and an asylum-seeker?
Any asylum-seeker is someone who is within the United States and seek asylum are asking for ‘protection’. Those who seek protection in their home countries via US embassies are considered ‘refugees.’
How do I begin the process of seeking asylum in the United States?
The first step is to seek the help of an immigration attorney and file the form I-589, application for asylum and for withholding of removal and this must be done within one year of your arrival in the United States.
Can I apply for employment authorization document while applying for
asylum?
You can only apply for employment authorization if 150 days have passed since you filed your asylum application AND no decision has been rendered on your
application. You do this by filing a I-765 form, application for employment
authorization.
Are there any fees for the EAD and the application for asylum?
No. No filing fees.
Can I bring my family to the United States if I am granted asylum?
Yes. You may petition your children and spouse by filing the I-730 form, Refugee/Asylee relative petition. The child must be under 21 and unmarried. This petition filing must be done within two years of being granted asylum.
Can I apply for a green card after I am granted asylum?
Yes. To apply for a green card, you must file the I-485 adjustment of status
application. You must submit a separate I-485 form for yourself and those who are considered derivatives – your family members.
So how does the asylum process work?
The asylum process starts with the following steps:
1) File an asylum application with the USCIS asylum office.
2) An interview by an asylum officer takes place.
3) Asylum officer will issue a decision.
4) If it is a yes, asylum is granted. Case is over. You are an asylee.
5) If it is a no, asylum application is sent to the immigration court for review.
6) The Department of Homeland Security (DHS) will issue a Notice to Appear, now the individual is in removal proceedings and seeks an immigration
attorney to defensively.
7) There is a status hearing.
8) Merits hearing.
9) If a yes, Immigration judge grants a asylum and DHS does not appeal, the case
is over. Applicant is asylee.
10) If a no, immigration judge denies asylum or grants asylum but DHS appeals.
11) The appeal goes to Board of Immigration Appeals (BIA).
12) If a yes, BIA grants appeal, asylum is granted. Or remanded to Immigration
Judge.
13) If a no, BIA denies asylum.
14) The Circuit court will grant petition and remands case to BIA or denies and
the applicant is removed.
The Ohio and Maryland Law Offices of Varun Luthra has years of experience in
dealing with asylum cases. Please contact us to talk about your specific case.
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