Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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Asylum and Convention Against Torture (CAT)
What is asylum?
Asylum is a form of legal protection that is offered to certain communities of people because they have been persecuted in the past OR have a well-founded fear that they will be persecuted due to their:
– Religion
– Nationality
– Race
– Political opinion
– Membership in a particular social group (e.g., the LGBTQ community).
What is Affirmative Asylum?
Affirmative asylum is one of the two pathways to claim asylum in the United States. Individuals may apply for asylum affirmatively through the U.S. Citizenship and Immigration Services (USCIS). This process is for people who are not in removal proceedings.
What is a defensive asylum?
Defensive asylum is one of the two pathways to claim asylum in the United States. Individuals seeking asylum who arrive at a U.S. port of entry without inspection usually have to apply through the defensive asylum process. Only a person in removal proceedings may apply for defensive asylum by filing an asylum application with an immigration judge.
How is an asylum application filed?
An individual must file a Form I-589 (Application for Asylum and for Withholding of Removal) within a year of his or her arrival in the USA.
Are there any exceptions to this deadline?
(1) the changed circumstance and
(2) the extraordinary circumstance exception.
The changed circumstance exception refers to a major change in an applicant’s circumstances. Some examples include a change in the applicant’s home country (E.G. change of government) or a U.S. law relating to the applicant’s eligibility.
The extraordinary circumstance is a little different than the changed circumstance. This exception requires that the circumstance(s) in question prevent the applicant from applying before the one-year deadline. There are six categories that an extraordinary circumstance can fall under:
(1) Serious illness or mental/physical disability.
(2) Legal disability during the year-long period (i.e., the applicant was accompanied by a minor)
(3) Ineffective assistance of counsel.
(4) The applicant was given other legal paths (e.g., temporary protective status, parole, etc.) during the one-year period.
(5) The applicant filed an application BEFORE the one-year deadline but was rejected by USCIS because the applicant filed it incorrectly.
(6) There was a death, incapacity, or serious illness of the applicant’s legal representative.
Am I eligible for asylum?
In order to be eligible for asylum, you must belong to one of the five groups listed in Question
1. You must also be physically present in the United States of America.
What are the requirements for asylum?
To be able to apply for asylum, an individual must either prove that they (1) have been persecuted OR establish a well-founded fear that they will be persecuted because they are a member of one of the following categories:
Religion
Nationality
Race
Political opinion
Membership in a particular social group (e.g. the LGBTQ community)
Is there any filing fee for an asylum application?
There is no fee to apply for asylum.
When can I get a work permit?
In order to be able to work in the United States, an asylum applicant must apply for a work permit called an Employment Authorization Document (EAD). If an individual wants to apply for an EAD with a pending application, they will have to wait 150 days after filing their application. A person will not be eligible until their asylum application has been pending for at least another 30 days, in addition to the 150 days, which will result in a total wait period of 180 days.
Is there any filing fee for an asylum work permit?
The filing fee for Form I-765 (Application for Employment Authorization) is $410 plus $85 for the biometrics. An applicant may apply for a fee waiver if they meet certain requirements.
What is an Asylum EAD / Work Permit Clock?
The “Asylum Clock” is an online tracking system that is managed and overseen by the asylum office and the Executive Office for Immigration Review. It tracks how many days have elapsed since an asylum applicant filed an asylum application. An individual has the opportunity to file an EAD with a pending application. However, they will have to wait for a total of 180 days.
What will stop the asylum EAD Clock?
Several factors can stop the Asylum Clock. However, what stops the Asylum Clock will differ on whether the asylum application was filed with the asylum office or with the Immigration court.
For cases pending with the asylum office, one of the following will stop the EAD clock:
A request to transfer to a new asylum office or interview location
A request to reschedule an interview
Failure to appear at an interview or fingerprint appointment
A request to provide additional evidence after an interview
For cases that are pending with the immigration court:
All asylum cases pending with the immigration court are adjudicated at the designated hearing with a presiding immigration judge. At the conclusion of each hearing (commonly known as “adjournment”), the judge will decide the reason for the adjournment. If the adjournment is brought on by the applicant, then the Asylum clock will stop accumulating time until the next hearing. However, if the adjournment is due to the court or the Department of Homeland Security, the applicant will continue to accumulate time. Some reasons as to why the clock may stop are:
An applicant, or their attorney, asks for extra time to prepare the case.
An applicant requests the case to be continued so that they can move forward with an attorney.
An applicant declines an expedited asylum date.
Can I bring my family members to the USA if my asylum application is pending?
Unfortunately, any individual applying for asylum may not bring family members to the United States until after their asylum has been granted.
My asylum has been granted. Can I apply for a green card?
If you have been granted asylum, you are eligible to apply for a green card a year after the date you were granted final asylum status. However, you must also prove that you have been physically present in the USA for at least one year after your asylum was granted. After receiving lawful permanent residence, you can apply for U.S. Citizenship after five years of continuous residence. However, since Asylee’s green cards are backdated by a year, you can apply for citizenship after four years after obtaining your green card.
Can I bring my family members to the USA after my asylum is granted? If you were granted asylum, you would only be able to petition:
Your spouse
Your children (must be unmarried and under 21 when you first applied for asylum or refugee status).
To be able to petition one of these two groups, you must be the principal asylee and file within two years of admission as an asylee in the United States.
Can I travel outside the USA if my asylum is granted?
If an individual were granted asylum, they would be able to travel outside the United States with refugee travel documents. It is imperative that an asylee does not return to their home country until they become a citizen of the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.
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