Asylum

Those who have suffered past persecution in his or her country or country of last habitual residence, or those who have a well-founded fear of future persecution where such persecution is based on race, religion, nationality, political opinion, or membership in a particular social group, can file for asylum or withholding of removal if they meet certain criteria. After one is granted asylum, he or she may apply for a green card after one year.

An applicant for asylum must file within one year of entry to the U.S. If you file later than one year, you must show change in country conditions or change in personal circumstances within the past year which affected your eligibility for asylum. If there are extraordinary circumstances which prevented you from filing within the one-year deadline, you may still be eligible as long as you apply within a reasonable time given those extraordinary circumstances.

Withholding of Removal

Withholding of removal does not have the one-year requirement, but the standards are higher than asylum. It requires a clear probability of persecution. The applicant must show a greater than 50 per cent likelihood of persecution.

Work Permit

You can also apply for a work permit 150 days from the time you file for asylum if it hasn’t been adjudicated. Getting an asylum grant would allow you to live and work in the U.S. One year after you are granted asylum, you also will be able to apply for permanent resident or green card status.

Those who file asylum before removal proceedings are initiated have to file form I-589 together with supporting documents with the U.S. Citizenship and Immigration Service (USCIS) Asylum Office. This is called an affirmative asylum application. If this is denied, they will refer you to the Immigration Judge, where you will still have an opportunity to fight your case. If removal proceedings are initiated prior to your filing of either asylum or withholding of removal, you can still request this relief. This is called a defensive asylum application.

Our Services: Our office will review every aspect of your case and prepare all the necessary application documents. We will help you draft the application. You will be informed of the expected time frame of each step. We will also conduct an interview for you in preparation for the asylum interview at your convenience. After approval, you may also retain our firm for the I-485 application.