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statutory requirements

Definition of Asylee

Foreign citizens may be eligible for asylum status if they are present in the U.S. (even if illegally) or upon arrival and are unable or unwilling to return to their country due to a well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion.
 
So, political asylum cases turn on proving three things:

(1) a well-founded fear,
(2) of persecution and, and
(3) on account of protected ground.
 
The applicant must only have a well-founded fear of future persecution. The applicant does not need to have actually suffered persecution.

However, if the applicant establishes past persecution, there is a presumption of well-founded fear of future persecution, which the government may rebut by showing that there has been a fundamental change in circumstances or that the applicant could avoid persecution by relocating to another part of the country if reasonable.

process overview

Affirmative Asylum

The asylum application can be made affirmatively with the USCIS (if the applicant is not in the removal proceedings) or defensively as part of the removal proceedings.

While the applicant is waiting for the asylum interview, the applicant can work and study in the U.S. and even travel outside of the county with a travel document (although not recommended).

If the applicant gets married to a U.S. citizen while the asylum case is still pending, the applicant can apply for a green card on the basis of marriage and if approved, withdraw the asylum application.

Asylum Application

For affirmative asylum, persons seeking asylum must file an application for asylum together with any supporting evidence within one year after arrival in the U.S., unless they prove change in circumstances which materially affect their eligibility or extraordinary circumstances.

The applicant’s spouse and unmarried children under the age of 21 may also be included in the application if they are present in the U.S. They may be added to the application at the time of filing or at any time prior to making a final decision on the case.

Work Authorization

The applicant may file for a work authorization 150 days after the filing of the application. The application must be processed within 30 days, but there may be delays in processing. The initial work authorization is issued for five years, and it can be renewed while the case is pending.
 
The applications for asylum are reviewed by the asylum office having jurisdiction over the applicant’s place of residence in the U.S. An asylum officer must conduct an interview to review the case for approval or denial.

Asylum Interview

The asylum interviews are scheduled on a priority basis.
 
First priority is given to re-scheduled interviews.
Second priority is given to applications that have been pending for less than 21 days.  
Third priority is given to all other pending applications, starting with the newest filings.
 
Workload priorities related to border enforcement, statutory requirements, and litigation obligations affect USCIS’ ability to schedule all new applications for an interview within 21 days, causing substantial delays in scheduling cases for interviews.

For example, for a newly filed case, it may take from a few months to several years to receive a notice of interview.

After the Interview

Following the interview, the asylum officer may grant, deny or refer the application materials to an immigration judge for deportation proceedings, unless the applicant still has legal status in the U.S.

If the asylum is granted, the asylee may petition to bring his family to the U.S. within 2 years after the asylum status has been granted and may apply for a green card in one year.  
 
If the application is denied or referred to an immigration judge, the judge will hold a hearing. After the hearing, the immigration judge may approve or deny the application.

If the application is denied, a deportation order will be issued.

Role of Attorney

How Can We Help?

Whether the asylum application is granted or denied depends on many factors.

The first major step in increasing your chances of an approval is to prepare a thorough, detailed, and complete application supported by strong evidence and testimony. We can help you prepare a strong asylum application, fully present your case to the asylum officer and the judge and guide you through every step of the asylum process.

If you would like to schedule a consolation to discuss your case, give us a call. 386-248-3000.