Who Can Apply
Refugee status or asylum may be granted to individuals who apply for asylum within 1 year of arriving to and who are physically present in the United States. Regardless of immigration status in the United States one may apply for asylum.
When applying for asylum one is also applying for an application for withholding of removal. If you are denied asylum there is a possibility that you are still eligible for withholding of removal under the Convention Against Torture act. Under the circumstances that you are denied asylum you will be subject to removal.
You may apply for asylum if you are unable or are unwilling to return to your country of nationality due to having been persecuted or fearing persecution by the government, court system, or a group the government can't control because of your race, religion, nationality, membership in a particular social group, or political opinion. Certain documents are required to be submitted with an asylum application based on the above stated.
When applying your spouse and any unmarried children under 21 years of age may be included in your application if they are also physically present in the United States. Children that are 21 years and older or married are required to file their own separate application.
Applying for asylum doesn't grant you immediate employment authorization although you have the option to request for permission to work only if your case has been pending for more than 150 days from the date of processing with USCIS. Applicants and their derivatives must each apply for work authorization separately. Once you are granted Asylum you may then file for your spouse and unmarried children that are outside the United States to gain similar benefits.
Additionally further down the line approved asylum applicants have the possibility to apply to become permanent residents. If you wish to apply for asylum or want to learn more our attorneys can offer you legal advice during a consultation.
What You'll Need
Additional documents may be required.
- 2 passport photos
-Driver's license or ID of beneficiary
-Full passport copy
$5,000 (additional fees may apply).
There are no government fee's for the asylum application and the first employment authorization document based on asylum.