Question 1

Who qualifies for asylum in the United States?

Accepted Answer

To qualify for asylum, you must demonstrate that you have suffered persecution or have a well-founded fear of future persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Question 2

What is the difference between asylum and refugee status?

Accepted Answer

Refugees apply for protection from outside the United States through the U.S. Refugee Admissions Program. Asylum seekers apply from within the U.S. or at a port of entry. Both provide protection from persecution.

Question 3

How long do I have to apply for asylum?

Accepted Answer

Generally, you must apply for asylum within one year of arriving in the United States. There are limited exceptions for changed or extraordinary circumstances that may excuse a late filing.

Question 4

What is affirmative vs. defensive asylum?

Accepted Answer

Affirmative asylum is filed proactively with USCIS when you are not in removal proceedings. Defensive asylum is raised as a defense in immigration court when you are in removal proceedings.

Question 5

Can my family members be included in my asylum case?

Accepted Answer

Yes. Your spouse and unmarried children under 21 who are in the U.S. may be included as derivatives on your asylum application if they were listed before a final decision is made.

Question 6

What happens if my asylum application is denied?

Accepted Answer

If denied by USCIS (affirmative), your case is referred to immigration court. If denied by an immigration judge, you can appeal to the Board of Immigration Appeals (BIA) and federal courts.

Question 7

Does applying for asylum protect me from deportation while my case is pending?

Accepted Answer

Filing a complete asylum application generally protects you from removal while the case is pending. However, if your case is denied, you may face removal unless you have other relief.

Question 8

Can I work while my asylum case is pending?

Accepted Answer

You may apply for an Employment Authorization Document (EAD) 150 days after filing a complete, non-frivolous asylum application. The EAD is typically issued 30 days later (180-day asylum clock).

Question 9

What is withholding of removal?

Accepted Answer

Withholding of removal is a higher standard of protection that prevents deportation to a country where your life or freedom would be threatened. Unlike asylum, it does not lead to a green card or citizenship.

Question 10

What is Convention Against Torture (CAT) protection?

Accepted Answer

CAT protection prevents removal to a country where you would more likely than not be tortured by or with the acquiescence of the government. It is available even if you are ineligible for asylum.

Question 11

How long does the asylum process take?

Accepted Answer

Asylum cases can take anywhere from several months to many years depending on USCIS or immigration court backlogs, the complexity of your case, and whether appeals are filed.

Question 12

What evidence do I need for an asylum case?

Accepted Answer

Strong evidence includes personal testimony, country condition reports, medical or psychological evaluations, police reports, news articles, and statements from witnesses or experts.

Nuestros Servicios de Inmigración

Defensa contra la Detención y la Deportación

Hábeas Corpus (Habeas Corpus)

Fianza de Inmigración (Immigration Bond)

Asilo y Protección de Refugiados (Asylum & Refugee Protection)

Servicios Legales de Inmigración Integrales

Inmigración Familiar (Family-Based Immigration)

Visas de Prometido/a (K-1)

Asilo y Protección de Refugiados (Asylum & Refugee Protection)

Fianza de Inmigración (Immigration Bond)

Hábeas Corpus (Habeas Corpus)

Defensa contra la Deportación (Deportation Defense)

Visas de Trabajo y Empleo (Work Visas & Employment)

Tarjetas de Residencia (Green Cards)

Ciudadanía y Naturalización (Citizenship & Naturalization)

Visas de Matrimonio (Marriage Visas)

Visas K-3 para Cónyuges (K-3 Spouse Visas)

O-1 Habilidad Extraordinaria (O-1 Extraordinary Ability)

Autopetición VAWA (VAWA Self-Petition)

Eliminación de Condiciones (Removal of Conditions)

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