If you are residing in the United States and have faced persecution or fear persecution based on one or more of five (5) specific categories then asylum may be an option for you. A person may obtain refugee status on the same basis if they are residing outside of the United States. In order to apply for asylum or refugee status one must have suffered persecution or believe they will suffer persecution in their home country based on their race, religion, nationality, political opinion or membership in a particular social group.
If one believes they may be eligible for asylum, it is important to obtain proper legal counsel immediately. For a person to apply for asylum they generally must do so within a certain time after arriving in the United States. There are also certain circumstances that may disqualify a person from asylum such as having participated in the persecution of others or having “firmly resettled” or obtained permanent residency in another country other than your home country.
If you fear returning to your home country based on the qualifying categories contact Dominguez Law Firm, PLLC for a consultation today to determine how we may be able to help you.
Generally, an applicant for asylum may be able to apply for a work authorization after the case has been pending for more than 150 days. If the work authorization is granted they will likely be able to continue to renew it while their application remains pending.
Once a person has obtained asylee or refugee status, they will generally be able to apply for a green card after one year of residing in the United States under this status.
Depending on the circumstances an applicant may be able to include their spouse and/or minor children as derivatives on their application. A person already under asylee or refugee status may also be able to petition for their spouse and/or minor children to obtain asylee or refugee status.
The time an asylum case will take to be completed will vary. However, given the backlogs at both the asylum office and Immigration courts it is not uncommon for a case to take several years.
Generally a person needs to file for Asylum within one year of arriving in the United States barring exceptional circumstances. While there is an option for those filing after one year known as Withholding of Removal, it is held to much higher scrutiny and does not offer the same rights as Asylum.
The decision whether to file for Asylum or not is an important one. It is vital to be forthcoming and explain your case fully to an experienced Immigration Attorney who will evaluate it and discuss your options with you.