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Asylum Laws

by Staff Writer

People may come to the United States seeking protection due to situations they are in trouble. They may leave because they are suffering due to their race, religion, nationality, social group, and political opinion.

If you are eligible for asylum you may be permitted to remain in the United States. To apply for Asylum, you need to file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States.

If you or someone you know are trying to apply for asylum, contact an immigration attorney in your area today!

Details 

  • You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried. You must file the petition within two years of being granted asylum
  • To include your child on your application, the child must be under 21 and unmarried. Unlike other forms, the application for Asylum has no fees.
  • You cannot apply for permission to work in the United States at the same time you apply for asylum.

Employment Authorization

You may only apply for employment authorization if:

  • 150 days have passed since you filed your complete asylum application, excluding any delays caused by you and no decision has been made on your application. 

If you are granted asylum you may work immediately. Some asylees choose to obtain Employment Authorization Documents for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee.

In order to apply for employment authorization, you must first file a Form I-765, Application for Employment Authorization.

Granted Asylum

If you are granted asylum you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition. You may apply for a green card one year after being granted asylum.

To apply for a green card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must aslo submit a separate I-485 application packet for yourself and for each family member who received derivative asylum based on your case.

Get Legal Help

Applying to seek asylum can be a long and complicated process. Find an immigration attorney in your area if you or someone you know are planning on filling out an asylum application.

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