Skip to content

Asylum

Asylum

Asylum is an immigration relief available to you if you can demonstrate that you are unable or unwilling to return to your country of nationality or last habitual residence due to past persecution or fear of future persecution based on:

  • Race
  • Religion
  • Nationality or
  • Membership in a particular social group, or political opinion.

The process involves preparing and filing an I-589 Application for Asylum and for Withholding of Removal with the USCIS in most cases. If you have already experienced or are fearful of future persecution on the basis of ANY of the above grounds, our law office can evaluate your claim and help you with the process.

The initial evaluation of the asylum claim is made by an AO (Asylum Officer) in the respective asylum office in your jurisdiction. This involves interview of the applicant by the AO, review of the asylum application and statement in its support, along with any evidence including, documentation, affidavits, etc. 

The decision of the asylum office with regard to your case is not made on the same day. Most asylum offices take at least two weeks or longer to make a decision on your case. AOs provide direction as to how and when the decision will be rendered at the end of the interview. 

If the asylum application is approved, the applicant is:

  1. Allowed to remain in the country indefinitely unless barred by any other federal law. 
  2. The asylee is allowed to petition to immediately bring their spouse and minor children 
  3. Asylees and derivative asylees can file a petition to adjust their status to Permanent Resident exactly ONE YEAR from the date they became asylees. 

DERIVATIVE ASYLUM

Derivative asylum is granting of asylum to an immediate family member of an individual whose asylum petition is granted by the US government. Immediate family include the asylee’s spouse and children under the age of 21. It must be noted that the age limitation is calculated at the time the asylee files his initial application and NOT when derivative petition is filed. Derivative petition, however, is time-barred, meaning it must be filed within 2 years of the grant of asylum. 

Derivative asylum can be granted to immediate family members who are already in the country or, to family members who are abroad. Those who are abroad must go through the consular processing.