Asylum
If you are presently in the United States and have suffered past harm, or fear that you will suffer future harm upon return to your home country, you may be eligible to apply for asylum. You must demonstrate that the harm you suffered or that you fear suffering rises to the requisite level of “persecution” and is on account of race, religion, nationality, membership in a particular social group, or (actual or imputed) political opinion. The harm must be inflicted by a governmental actor or by a non-governmental actor that the government is unwilling or unable to control. It is important to keep in mind that asylum applications are extremely time-sensitive because they must be filed within one year of the applicant’s last entry into the U.S. unless “extraordinary circumstances” or “changed circumstances” are found. At Z Wang & Associates, we offer skilled representation to give our clients the best chances possible for success.
Filing your asylum application: The asylum application (Form I-589) must be filed within one year of your last entry into U.S. unless “extraordinary circumstances” or “changed circumstances” are found. The completed Form I-589 will be filed with the designated service center of the United States Citizenship and Immigration Services (USCIS) based on your location. Currently, USCIS also accepts online filing if you were not placed in removal proceedings. Once your application is properly filed, you will receive a receipt notice either in mail or electronically, depending on the method of filing. With this receipt notice, you are authorized to stay in the United States.
Work authorization: You are entitled to work authorization after your asylum application has been pending for 180 days. The earliest time you can submit the application to apply for an Employment Authorization Document (EAD) is 150 days after your Form I-589 has been properly filed with USCIS. The initial EAD is usually adjudicated within 30 days. An EAD based on pending asylum is valid for up to five years. After that, you may renew it if your Form I-589 is still pending.
Interview: If you are not in removal proceedings, USCIS will schedule an interview to determine whether you are eligible for asylum. The interview will take place at a local asylum office that has jurisdiction over your case. You will receive advance notice for an interview time. Currently, the wait time for an interview may vary from two months to years. The purpose of the interview is to verify the information and supporting documents you provided with your Form I-589 and determine whether you are eligible for asylum. Your attorney will be allowed to attend your interview and make a closing statement.
Decision: After the interview, you will be issued a decision. On some occasions, you will be required to appear at the asylum office to pick up your decision. Most of the time, the decision will be mailed to you and your attorney. There are three possible outcomes:
If USCIS decides that you are eligible, you will be granted asylum. From the date you are granted asylum, you become an asylee in the United States. You are entitled to work and stay permanently in the United States.
If USCIS is not able to grant you asylum but you still hold other non-immigrant status (e.g., F-1 student status) at the time USCIS adjudicates your case, you will likely receive a Notice of Intent to Deny (NOID), requiring you to provide additional explanation or documentation. If you are able to overcome the questions raised by USCIS, you will be granted asylum, and will be entitled to work and stay permanently in the United States. Otherwise, your case will be considered denied and you will remain in the status you hold at the time of denial.
If USCIS is not able to grant you asylum, and you do not hold any other valid non-immigrant status at the time USCIS adjudicates your case, your case will be referred to the Immigration Court and you will be placed in removal proceedings. This is not a denial, and you will be given a chance to demonstrate your case in front of an Immigration Judge.
Family Members: Your spouse and unmarried children under 21 years old can be included in your asylum application as derivative applicants, if they are in the United States when USCIS adjudicates your application. Family member(s) included in your asylum application will be granted derivative asylee status simultaneously when USCIS approves your asylum application. If your family member is overseas or was not included in your asylum application, you can petition for them to follow and join you in the United States as an asylee/refugee (Form I-730). According to the Child Status Protection Act (CSPA), a child who turns 21 years old after an asylum application is filed remains eligible for derivative asylee status, as long as the asylum application is filed before the child turns 21.
Adjustment of Status (Green Card): After you maintain asylee status for one year (starting from the date your asylum is granted), you are eligible to apply for adjustment of status (Form I-485) to obtain permanent residency (a green card) in the United States. Family members who entered the United States as refugees are also eligible for adjustment of status one year after their entry into the United States.