Asylum
A
person may be eligible for Asylum in the US if they have been prosecuted or
have a well-founded fear that they will be persecuted based on race, religion, nationality,
political opinion, or membership in a particular group in their home country. A person
seeking Asylum must submit an application within one year of arriving into
the United States, some exceptions apply.
Even a person who is out of status in the US may apply for Asylum, some
exceptions apply Under certain circumstances, a person who is in Removal/ Deportation
proceedings may be able to apply for Asylum during
the proceedings, or even after they have been ordered Removed/ Deported. The
Immigration Judge decides whether to grant Asylum in these situations.
An applicant for Asylum may request employment authorization in the US after
150 days of a pending application. Spouses and unmarried children who are under 21 and physically
in the U.S. may also obtain derivative Asylum based on the
applicant’s approval. Children over 21 and/or married children must file a separate
application. If you are granted Asylum you and all
eligible family members will be permitted to work and remain in the United States and eventually Adjust to Lawful Permanent
Resident Status.
There are no limits to the amount of people who can be granted Asylum in a given year.
A person who is granted Asylum must apply
for advance parole before they can leave the US, if they intend on returning.
If a person is denied Asylum, they can appeal that decision to the Board of Immigration
Appeals. However, a person who has been denied Asylum may be placed in Removal Proceedings. If you or a family
member are seeking to apply for Asylum, have been denied Asylum,
or have been placed in Removal Proceedings, contact the law firm of NeJame, LaFay, Jancha, Barker & Joshi, P.A.
immediately.
