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Asylum

Schach Law Group, APC

To qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence if you have no nationality, because of persecution or a well founded fearof persecution on account of race, religion, nationality, member in a particular social group, or political opinion. this means that you must establish that race, religion, nationality, member in a particular social group, or political opinion was or will be at least one central reason for your persecution or why you fear persecution.

You can get asylum status in the United States by asking for protection from the federal government. How you ask for asylum status depends on where you are physically located (within the United States, or at the Border or a Port-of Entry like an airport) and whether you are in removal/deportation proceedings before the Immigration Court.

If your application is successful, you may receive a green card with a work permit.

To be eligible for asylum status, you must prove that you have suffered persecution or fear of persecution because of your race, religion, nationality, political opinion, or membership in a particular social group. You may include your legal spouse and children who are in the United States on your application. To include your child, s/he must be unmarried and under 21-years-old.

If you are over 21, you may petition on behalf of your spouse and children

You must file your asylum claim within a year of entering the United States.

You may include in your application your spouse and unmarried children who are under 21 years of age and physically present in the United States.

It depends. You can file for asylum with the Immigration Office (also known as affirmative application) or with the Immigration Court (also known as defensive application). The timeline for an affirmative asylum application will depend on the current processing time for the Immigration Office nearest your residence in the United States. The timeline for a defensive asylum application will depend on the individual Immigration Judge’s calendar for the Immigration Court nearest your residence in the United States.

Note, if you move while your asylum application is pending your case may move to a different Immigration Office or Court and the timeline may change.

You cannot apply for work authorization at the same time you apply for asylum. You may only apply for work authorization after your asylum application has been pending for 150 days (minus any delays caused by you such as a request to reschedule an interview). This period of time between filing your asylum application and 150 days is known as the “asylum clock.” If you are in removal/deportation proceedings, you can check the status of the asylum clock by calling the Immigration Court Hotline at 1-800-898-7180.

There is no fee for the application at this time.

Possibly. Asylum status is temporary and so many asylees (people who have asylum status) want to get permanent resident status as soon as possible. To get permanent resident status, you must be physically present in the United States. If you choose to travel after receiving asylum status, you will need to obtain permission to return to the United States before departure. Always consult with a licensed attorney before leaving the United States with asylum status.

Possibly. Asylum status is temporary and may be terminated if there is a fundamental change in the country conditions or reasons why asylum was granted; or if you have committed certain crimes or engaged in other activities while you have asylum status.

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