​
Asylum seeker is a refugee who is presently in the United States or at a land border or port of entry of the US at the time he or she seeks refugee. The term "refugee" means any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution.
Asylum is one of the most publicized forms of migration is asylum seekers. The persecution must be on account of:
-
Race
-
Religion
-
Nationality
-
Membership in a particular social group
-
Political opinion
ONE YEAR REQUIRMENT
An applicant must file for asylum within one year of the date of their last arrival. (This can be found on your -94). There are exceptions to where you may file after a year of your arrival in the US. This application is known as affirmative asylum. Affirmative asylum differentiates from Defensive Asylum which is a Deportation Defense an individual files with the Executive Office of Immigration Review once they have been referred to an Immigration Judge by USCIS, or if they have been placed in removal proceedings.
WORK PERMIT
After 150 days from filing from asylum, you are eligible to apply for a work permit. A Work permit allows you to legally work in the US while your application is pending. You will also obtain a Social Security.
FAMILY
If your family are physically present in the United States, you may include them in your application. If your family is not in the United States, and your application is approved, you may then petition for your family under your approved asylum.
GREEN CARD
You may apply for a green card (Legal Permanent Residents) one year after your application is approved.
​
There are benefits and dangers in filing for asylum. If you plan on filing for asylum, consult an Attorney today.
​
​
​