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If you have reached the United States and you are afraid to return to your home country because of your race, religion, political opinion, nationality, or because you belong to another type of persecuted group in your home country, you may be eligible for asylum in the U.S.
If you have reached the United States and you are afraid to return to your home country because of your race, religion, political opinion, nationality, or because you belong to another type of persecuted group in your home country, you may be eligible for asylum.
In recent years, the U.S. has received hundreds of thousands of applications for asylum. Because of the high number of asylum seekers applying for protection in the U.S., the current administration has made policy changes and implemented new requirements for asylum, which has, in many cases, made it more difficult to win asylum cases.
If you fear persecution in your home country and are considering applying for asylum, we urge you to seek legal representation because asylum is one of the most confusing and difficult areas of immigration law at present. Our expert team of attorneys and country conditions specialists are ready to help you win your asylum case so that you and your family may remain safely in the U.S. However, if you are not able to afford legal representation, please visit the following link to locate a local pro bono organization that may be able to handle your asylum case for free. https://www.justice.gov/eoir/list-pro-bono-legal-service-providers
For detailed information about asylum eligibility and our step-by-step guide explaining how to apply for asylum, please click here: Asylum & Humanitarian Relief
Temporary Protected Status (TPS)
The United States provides temporary protected status to certain persons who cannot return to their home country due to ongoing armed conflict, natural disaster, or other humanitarian disaster which has been determined to warrant temporary protection under the US immigration laws.
If you are currently in the United States and are a citizen of one of the countries, you may be eligible for temporary protected status and work authorization. As of December 2020, the following countries are currently designated for TPS :
To apply for TPS, you must file during the open initial registration or re-registration period. If you've missed the deadline, you may meet the requirements for late initial filing if your country's TPS status is to be extended. You may check the your country's registration dates here: https://www.uscis.gov/humanitarian/temporary-protected-status
In addition to being present in the US during the registration period, other continuous residence and physical presence requirements apply. TPS Regulations are updated frequently and are subject to change with little notice. Please contact us to set up a consultation to determine TPS eligibility.
Parole in Place for Family of US Service Members
Family members of military personnel may be eligible for immigration benefits under a special exception knows as Parole-in-Place "PIP." In an effort to boost morale among U.S. citizens and U.S. legal permanent residents serving in the U.S. military, two immigration provisions have been implemented since 2007 to protect military family members from deportation: Parole-in-place and deferred action for military family members.
Those undocumented family members who receive PIP are given work authorization and are "paroled" (granted lawful entry designation), and are therefore allowed to adjust their status in the US.PIP is granted for one year, during which time the PIP beneficiary may apply for adjustment of status.
Please refer to the following requirements to determine if you or a loved-one may be eligible for Military PIP:
PIP is available to sons and daughters, parents, and spouses, widow(er), of military personnel.
Qualified relatives must be physically present in the U.S. and must have entered the U.S. without being inspected and were not lawfully admitted to the country.
PIP applicants must not have criminal convictions or other serious adverse considerations.
Qualifying military service includes U.S Citizens and legal permanent residents who are currently on active duty, those in selective service and ready reserve, those who previously served, and military veterans who are now deceased, who were not dishonorably discharged.
PIP is a discretionary benefit which may be awarded to undocumented military family members for significant public benefit or for humanitarian reasons. Please contact us for an evaluation of your situation to determine if you are eligible for Parole-in-place for military family members. We support our troops and are ready to fight for you and your family!
Deferred Action for Family of US Service Members
Family members of military personnel who are not eligible for PIP may be eligible for an alternative immigration benefit under a special exception knows as Deferred Action for Family of U.S. Service Members. In an effort to boost morale among U.S. citizens and U.S. legal permanent residents serving in the U.S. military, two immigration provisions have been implemented since 2007 to protect military family members from deportation: Parole-in-place and deferred action for military family members.
Deferred action is a type of prosecutorial discretion used to postpone the deportation of an individual for a certain period of time. Deferred action is usually granted for a period of two years. If granted deferred action, a military family member will be considered to be in a period of authorized stay while the deferred action is in place. However, deferred action does not lead to permanent lawful status and it does cure period of unlawful presence from the past. In addition, Immigrants who are granted deferred action may apply for work authorization if they are able to provide evidence of economic necessity.
Please refer to the following requirements to determine if you or a loved-one may be eligible for deferred action:
Deferred action is available to sons and daughters, parents, and spouses, widow(er), of military personnel.
Family members who were inspected upon entry to the U.S. with a valid visa or paroled, but who have since fallen out of status or overstayed, may be eligible for deferred action.
Qualifying military service includes U.S Citizens and legal permanent residents who are currently on active duty, those in selective service and ready reserve, those who previously served, and military veterans who are now deceased, who were not dishonorably discharged. Also, unlike PIP, family members of military personnel who are not in active duty, like those in the Delayed Entry Program (DEP) or the Military Accessions Vital to the National Interest (MAVNI) program who are waiting basic training may be eligible for deferred action.
Applicants must not have criminal convictions or other serious adverse considerations.
U-Visa for Victims of Criminal Activity
If you are the victim of a crime committed in the U.S. or in violation of U.S. laws, you may be eligible for a U-Visa. Crime victims who have suffered physical or emotional harm and who have assisted law enforcement with the prosecution of the crime may apply for U-nonimmigrant Status regardless of their immigration status. This non-immigrant classification was designed to encourage immigrants to report crimes when they occur without the fear of being deported if they contact the authorities.
Persons over the age of 21 who are eligible for U non-immigrant status may also petition for their spouse and children under age 21. Immigrants under 21 may petition for their spouse, children, parents and unmarried siblings under age 18.
Contact us to evaluate your case! We will determine if the crime committed against you will qualify you for U-non-immigrant status. In addition, we will assist you with obtaining the required police verification letter and will expertly prepare your case.
VAWA Self-Petitioners
onship with A US citizen or LPR and that they are the victim of battery or extreme cruelty committed by that relative.
You may be eligible for VAWA if you've suffered abuse by a U.S. citizen spouse or former spouse, parent, son or daughter, a lawful permanent resident spouse or former spouse or an LPR parent. The VAWA application process is confidential and your abuser will not be informed that you have applied. In addition, as a "self-petitioner" you do not have to rely on your abusive relative for immigration benefits. Please note that if you are divorced, you must apply for VAWA within two years of receiving the final decree of divorce if the abuse was committed by your ex-spouse.
We are here to help. Please contact our office if you are an immigrant and have been the victim of battery or extreme cruelty. We will determine if you are eligible for VAWA and assist you every step of the way as you move forward on your immigration journey.
Deferred Action for Childhood Arrivals (DACA)
DACA stands for Deferred Action for Childhood Arrivals, which is a type of administrative relief from deportation. DACA was implemented under the Obama Administration to protect immigrants who arrived to the United States when they were children under age 16. DACA protects qualifying undocumented immigrants from deportation, and allows for work authorization for persons with valid DACA status. Currently, first-time DACA applications are not being accepted but timely filed renewals are being processed. However, this is likely to change in the first quarter of 2021 under the Biden-Harris administration when DACA is expected to be restored for new applicants.
Please Note: DACA regulations are subject to frequent change and interested applicants should consult with an experienced attorney to determine eligibility. The following eligibility requirements are currently in effect for those who wish to apply for DACA:
Applicants must have been born on or after June 16, 1981
Arrived in the U.S. before age 16
Continuously residence in the U.S. since June 15, 2007 to present
Physically present in the U.S. on June 15, 2012 and at the time of filing DACA application
Entered the U.S. without inspection or immigration status expired as of June 15, 2012
Currently enrolled in school, graduated high school, or received a GED
Applicants are not eligible if they have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; and
Applicants must be at least 15 years old at the time of filing the DACA application, unless applying for DACA while in removal proceedings.
When Experience Matters
In recent years, the number of asylum seekers in the U.S. has increased dramatically. Currently, there are more than 325,000 affirmative asylum cases pending decisions. Because of the high number of asylum seekers applying for protection in the U.S., the current administration has made policy changes and implemented new requirements for asylum, which has, in many cases, made it more difficult to win asylum cases. In addition, the growing backlog of cases has increased wait times for asylum interviews to several years – in some cases, asylum applicants are waiting five years for their first interview.
If you fear persecution in your home country and are considering applying for asylum in the U.S., we urge you to seek legal representation because asylum is one of the most confusing and difficult areas of immigration law at present. Our expert team of immigration attorneys and country conditions specialists are ready to help you win your asylum case so that you and your family may remain safely in the U.S. However, if you are not able to afford legal representation, please visit the following link to locate a local pro bono organization that may be able to handle your asylum case for free.
Who Qualifies For Asylum In The U.S.?
The Immigration and Nationality Act (INA) sets forth the legal test for asylum eligibility in INA §101(a)(42). In addition, applicants must generally apply for asylum within one year of arrival in the U.S. Otherwise, a waiver will be required before you submit your asylum application. If an asylum applicant meets the definition of a refugee, the application may be granted. A refugee is defined as:
Any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
Accordingly, individuals may qualify for asylum in the U.S. if they can prove:
A well-founded fear
of persecution
perpetuated by the government or an entity the government cannot or will not control
on account of (nexus)
one of the five protected grounds
How Do I Apply for Asylum?
STEP 1: Initial Filing
The asylum applicant works with their immigration attorney to gather required documents and fill out Form I-589 and start personal statement. (2-3 weeks)
Form I-589, application for asylum and for withholding of removal
Application for asylum contains questions about applicant's biographical information, address, employment history, immigration status, and details about the asylum claim.
Asylum statement (first draft)
Applicant explains why he/she is are afraid to return to their home country. Statement should include any threats or harm applicant experienced in the past including date, location, and the group or person involved in each incident.
Applicant should also describe any threats or harm experienced by family members, friends, or colleagues.
Note: Immigration lawyer and applicant work together to improve the statement prior to submitting final draft to the asylum office.
Passport bio page & U.S. visa(s)
Two new passport-style photos
Bring photos to the immigration attorney's office when you meet to sign your completed forms.
Marriage certificate (if applicable)
Children's birth certificates (if applicable)
List of all international travel (include travel dates and purpose for each trip)
List of all asylum-related evidence
May include witness statements, police/medical reports, court documents, photos, social media posts, screenshots of messages, news articles, transcribed videos/phone calls, evidence of group membership, tribal affiliations, etc.
STEP 2: Biometrics Appointment
After the application for asylum is mailed, the applicant will receive a notice from USCIS confirming receipt of the asylum application. The applicant will then receive a fingerprint appointment letter designating a time and place for the applicant to appear for fingerprinting and photos.
Receipt notice from USCIS (1-2 weeks after filing)
Fingerprint appointment notice from USCIS (1-2 weeks after receipt notice)
You must bring the notice and a photo ID to your fingerprint appointment.
STEP 3: Full Asylum Case
The applicant will work with their immigration lawyer to complete their case before their interview date. The applicant's completed case will include the notarized asylum declaration, civil documents, evidence supporting the asylum case, country conditions research, and the attorney's written legal analysis. The timeframe for this step varies, depending on the asylum office interview schedule.
Notarized asylum declaration (final draft)
Applicant and attorney will work together to edit and finalize the asylum declaration.
Applicant should have the declaration notarized prior to the asylum interview date.
Civil documents
May include IDs, certifications, academic records, residential documents, etc.
Additional asylum-related evidence
Any asylum-related evidence not previously submitted.
Stamped USCIS fingerprint notice
Copy of employment authorization card (if applicable).
STEP 4: Asylum Interview
The immigration attorney will accompany the applicant to the asylum interview. Asylum interviews typically range from two to four hours. The timing of interview dates vary, depending on the asylum office interview schedule. Be sure to bring:
Originals of all available documents submitted
Passport & photo IDs
Any new evidence not previously submitted
Copy of I-589 application and complete asylum case
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DISCLAIMER: Everything displayed on this site shall be regarded as general information and in no way should it be interpreted as legal advice. You should contact an attorney directly regarding your own situation. Note that an attorney-client relationship will only be established after we've established that there is no conflict of interest.
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