Asylum and Special Immigrant Visas

To obtain a green card based on asylum, the foreign national must demonstrate that he is a refugee who is either unable or unwilling to return to his country of nationality or country of last habitual residence, as a result of persecution on the basis of one of the five statutorily protected grounds including: race, religion, nationality, membership in a particular social group, or political opinion.

Upon grant of asylum, a petitioner will be allowed to live and work in the U.S. and to apply for permanent resident status one year later. One may apply for asylum regardless of his or her immigration status, meaning that you may apply even if you are illegally in the U.S., however, you must always qualify for asylum under the definition of refugee. The USCIS will determine your eligibility based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. To apply for asylum, you will need to complete a USCIS Form I-589 (Application for Asylum and for Withholding of Removal). There is no fee for this application. To apply with the USCIS send your application to the USCIS Center that has jurisdiction over your place of residence. If you are in proceedings before an Immigration Judge, you should file the form with the Immigration Court.

In order to travel abroad when you are in the process of applying for asylum, you must receive advance permission before you leave the US to return. This petition is called Advance Parole, if you do not submit application for advance parole prior to leaving the country your application for asylum will be deemed abandoned and  you may not be allowed to return to the U.S.

Work authorization: Asylum applicants may only apply for employment authorization 150 days after the USCIS received a complete application for asylum. The USCIS will have 30 days to either grant or deny your request for employment. 

If you need assistance with your immigration matter call us today at 347-536-8644 or fill out our Contact Form and a member of our team will be in touch with you shortly.