Asylum

Asylum is a form of protection the United States government may grant to individuals fleeing their country because they fear that they will be harmed based on their race, religion, nationality, political opinion, and/or membership in a particular social group. Asylum allows individuals to live in the United States, get work authorization, apply for a Green Card (Permanent Resident Card), and ultimately file for citizenship.

You could be eligible for asylum if your fear of persecution in your own country is based upon race, religion, nationality, political opinion, and/or membership in a particular social group.

To apply for asylum in the U.S., you must be physically present in the country or be seeking entry at a port of entry. Your application for asylum must be filed within one year of your arrival to the U.S.

You may request work authorization and if it is granted, you can begin working legally while your asylum application is pending. Form I-765 is the application that must be completed when seeking employment authorization.

• Authorization to work in the U.S.
• Financial assistance
• Medical assistance
• A social security card
• The ability to apply for permanent residence (a Green Card) after one year in the U.S.

The Immigration and Nationality Act requires the initial asylum interview to be scheduled within 45 days of the application filing date and a decision must be made within 180 days of the application date. However, there may be delays extending the application time, so an exact date or official estimate of time cannot be given.

 If your application for asylum is denied, you can expect to be put into removal proceedings and will be scheduled to appear in immigration court. At your immigration court date, you can try again and ask the immigration judge to grant you asylum. If the immigration judge denies your request you can also appeal the judge’s ruling. If you do not appeal, you will likely be put into deportation proceedings. It is very difficult to navigate this process without an attorney experienced in asylum cases. We recommend that you contact Frontera Law as soon as possible if you need assistance with an asylum matter.

If you are granted asylum, you may petition to bring your spouse and unmarried children under the age of 21 to the U.S. within two years of your admission as a refugee or asylee in the U.S.

The main difference between an asylee and refugee has to do with the location of the person who is seeking protection within the United States. An asylee is someone who requests asylum after arriving to the United States. A refugee is someone who, while in another country, requests protection and permission to enter the United States. If that person is given permission to enter the U.S., he or she then enters the country as a refugee.