Applying for Asylum 

1. What is asylum?
Asylum is a form of protection granted to individuals who have fled their home country and are unable or unwilling to return due to persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

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2. Who qualifies for asylum?
To qualify for asylum, you must demonstrate that you have a well-founded fear of persecution in your home country due to one of the five protected grounds (race, religion, nationality, membership in a particular social group, or political opinion). You must also apply within one year of arriving in the United States, though exceptions exist for changed circumstances.

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3. How is asylum different from refugee status?
Both asylum and refugee status provide protection to individuals fleeing persecution, but the key difference lies in where the person is located. Refugees apply for protection from outside the U.S., while asylum seekers apply once they are already inside the U.S. or at a U.S. border.

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4. What is the process for applying for asylum?
The asylum process begins with filing Form I-589, Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS). An asylum officer or immigration judge will review your case, conduct an interview or hearing, and determine if you meet the criteria for asylum.

 

5. Can I work while my asylum application is pending?
Asylum applicants can apply for a work permit (Employment Authorization Document) if their asylum application has been pending for at least 150 days and there has been no decision on their case.

 

6. What happens if my asylum application is denied?
If your asylum application is denied by USCIS, your case may be referred to an immigration judge for further review. If an immigration judge denies your asylum claim, you may appeal the decision to the Board of Immigration Appeals (BIA) and, if necessary, to federal courts.

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7. Can I include my family in my asylum application?
Yes, you can include your spouse and children (under 21 and unmarried) in your asylum application. If granted asylum, your family members can also receive derivative asylum status.

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8. What if I miss the one-year filing deadline for asylum?
If you miss the one-year deadline, you may still qualify for asylum if you can show extraordinary circumstances that prevented you from filing on time or if there were significant changes in your home country or personal circumstances after you arrived in the U.S.

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9. How can your law firm help with my asylum case?
Our firm has extensive experience in asylum law. Our immigration attorney, Susanne Gad, is an international asylum expert and former supervising attorney at the UNHCR, will help you build a strong case, guiding you through every step of the process from filing the application to representation in court if necessary. We understand the complexities of asylum law and will fight to protect your rights.

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10. What are the chances of winning my asylum case?
The outcome of an asylum case depends on the specific facts of your situation, including the strength of the evidence and whether you meet the eligibility requirements. Having an experienced attorney increases your chances of a successful outcome, as we know how to effectively present your case and navigate the legal system.