Lim Law, P.A. – Kissimmee & Orlando Immigration Lawyers
What Is Asylum?
Asylum is the process of seeking protection for an individual who wishes to remain in the United States for fear of persecution should they return home. It is a long and complicated process. Our experienced team at Lim Law has helped hundreds of asylum seekers reside legally in the United States. The criteria is as follows:
- Fear of persecution for religion,
- Fear of persecution for political opinion,
- Fear of persecution for race,
- Fear of persecution for nationality, or
- Fear of persecution for membership in a particular social group
If an individual has felt persecuted or fears persecution, they can file an I-589 form, Application for Asylum and/or Withholding of Removal. To be granted asylum, the applicant may provide proof of persecution or risk of persecution upon returning to their home country. These are known as “corroborating documents” and they can include medical reports, police reports, affidavits/letters from family members, partners, or friends who can validate your claims.
You must complete your asylum application within one year after arriving in the United States. You can include your spouse and children in the application, if they are in the U.S. The Department of Homeland Security (DHS) will give you a receipt notice once your application is filed. You will then have to wait for DHS to schedule your interview. At your interview, you will usually be asked to describe what happened and what you fear would happen if you return home.
If granted asylum, you may petition to bring your spouse and children to the United States. This requires completing an I-730, Refugee/Asylee Relative Petition form. To include your child on your application, the child must be under 21 and unmarried. Once granted, you have two years to submit the petition.
One year after your application is granted, you may apply for a green card (Permanent Residence). If you have more questions about the process to obtain a green card, click here.
Asylum Employment Authorization
You may apply for employment authorization if 150 days have passed after USCIS received your complete asylum application, excluding any delays caused by you, and if no decision has been made on your application.
To apply for employment authorization, you must first meet certain requirements:
- No decision has been made on your application
- 150 days passed since USCIS received your application
- You have not caused unnecessary delays
There is presently no fee to apply for your first Employment Authorization Document (EAD), if you have a pending application or if you have been granted asylum. To apply, you must fill out an I-765, Application for Employment Authorization form.
Speak to a Kissimmee and Orlando asylum immigration lawyer at Lim Law today, and schedule a free consultation. Do not hesitate. If you have any questions regarding asylum in the United States, we offer the first consultation for free. Call 407-897-8870 to schedule your consultation today. For over 20 years, Immigration lawyer Henry Lim has helped more than 10,000 families with their immigration issues.