Frequently
Asked Questions About Asylum Relief and Obtaining
Your Green Card
What exactly
is asylum?
Immigration status sought
by a person either entering the U.S. or already physically
in the U.S., who has a reasonable fear of persecution
because of race, religion, nationality, membership
in a particular social group or political opinion;
if forced to return to their country of last residence.
Click
here to read a list of factors you need to consider
before seeking asylum relief in another country.
Who is
eligible for asylum relief?
Aliens who have remained
in the U.S. for less than one year and are part of
an eligible asylum class" (i.e. persecuted due to
political party, race, religion, gender, sexual orientation
group, social group, etc.) Most applicants seeking
asylum with a genuine fear of persecution will not
face
expedited removal out of the United States.
How long
does asylum relief last?
The asylum status can
be held indefinitely. However, the work authorization
must be renewed on a yearly basis.
Is asylum
relief renewable?
The asylum status can
be held indefinitely. However, the work authorization
must be renewed on a yearly basis.
Can my
family benefit from asylum relief approved for me?
Immediate family members
may be eligible for asylum status with all its benefits
such as work authorization, as long as they have been
named in the alien's asylum application, even if any
family members are not present in the U.S. at the
time the application is filed.
What documents
do I need to apply for asylum?
Applicant supporting
documentation for Asylum Petition:
- Alien's Birth certificate
or other form of identification
- Marriage certificate (if applying
with spouse)
- Copy of passport and I-94
for all applicants (if alien already in the U.S.)
- 3 passport style photos on
white background for each petitioner
- Evidence of relationship if
applying for children under 21 years of age (birth
certificates of children, school records, etc.)
- Affidavit from client
stating the problems they have had in their country
of origin and why they cannot return there.
Third Party
supporting documentation for Asylum Petition:
- Newspaper articles supporting
persecution of asylum class",
- Death certificates of family
members and other class members",
- Medical records showing abuse
of petitioners, family members and other class
members",
- Police reports proving violence
against petitioners, family members or other class
members",
- US Department of State Report
on petitioner's country
- Human Rights Reports supporting
situation on petitioner's country
- Proof of membership in asylum
class" in petitioner's country of origin, (i.e.
if claiming political asylum-documents showing
current membership in persecuted party; if claiming
religious asylum-documents showing membership
in persecuted religious group, etc.)
- Any other documents that demonstrate
persecution of petitioner's asylum class" in their
country of last residence.
What is
the asylum application process like?
Stage 1: Gather
Alien's information and all supporting documentation-time
required depends on client's ability to obtain documents
and his/her level of involvement.
Stage
2: Complete and file asylum application (Form
I-589)-Approximately 15-20 days from the date
in which all supporting documentation is obtained.
A notice of receipt from the US Immigration Service
should be received approximately within 30-60 days.
Stage 3:
The US Immigration Service will schedule and mail
an interview date (this is generally scheduled for
30 to 900 days from the date recorded in the notice
of receipt--the length of time depends on the particular
schedule of the interviewing local US Immigration
Service office).
Stage 4:
Attend the US Immigration Service interview.
Note: If no final
decision (approval or denial) has been made on the
petition within 150 days from the date recorded on
the notice of receipt, applicant is eligible for a
work authorization card. If the asylum petition is
granted before 150 days, a work authorization application
may be filed immediately. If a negative decision is
rendered by the US Immigration Service, the case may
be heard before the immigration court.
What are
the USCIS filing fees for an asylum application?
There are no Immigration
Service filing fees for asylum petitions (form I-589). |
