Asylum
Description
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.
Who Is Eligible
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.)
Visa Duration
The asylum status can be held indefinitely. However, the work authorization
must be renewed on a yearly basis.
Renewability
The asylum status can be held indefinitely. However, the work authorization
must be renewed on a yearly basis.
Family Benefits
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 Documentation Do I Need?
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 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 (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:
Prepare alien for the US Immigration Service Interview and attend
the US Immigration Service interview-number of preparation sessions and
time required depends on client's progress and comfort level.
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, then we will complete and file a work authorization application
(this is generally granted within 90 days from it's filing date.)
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. This entails an additional process and more
time to be incurred in the case.
What are the BCIS Filing Fees?
There are no Immigration Service filing
fees for asylum petitions (form I-589). Click below links to verify the US Immigration Service fees as these change regularly:
http://www.uscis.gov/forms
http://www.uscis.gov/files/nativedocuments/G-1055.pdf
What are the Legal Fees?
Click here to learn more about our fee
structure.
Click here if you would like to come
in for a free initial consultation.
Where Can I Get More Information?
General information
on asylum from the US Immigration Service:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614
176543f6d1a/?vgnextoid=020a96981298d010VgnVCM10000048f3d6a1RCRD
&vgnextchannel=c9b4ef4c766fd010VgnVCM1000000ecd190aRCRD
"Refugee"
definition according to the Immigration and Nationality Act:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614
176543f6d1a/?vgnextoid=020a96981298d010VgnVCM10000048f3d6a1RCRD
&vgnextchannel=c9b4ef4c766fd010VgnVCM1000000ecd190aRCRD
Asylum the US Immigration Service process:
http://www.theirc.org/index.cfm
The US Immigration Service frequently asked
questions regarding asylum:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f61417654
3f6d1a/?vgnextoid=457979812856d010VgnVCM10000048f3d6a1RCRD&vgnextch
annel=2411c9ee2f82b010VgnVCM10000045f3d6a1RCRD
Information regarding
help available to asylees by the International Rescue Committee:
http://www.theirc.org/index.cfm
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