Our experienced New York City asylum lawyers have experience in every facet of immigration law and will bring that to bear to reach the best possible result in your asylum application process.
The Law Office of Jason A. Dennis is one of the fastest-growing immigration law firms in the country. We provide a team of experts on immigration law to offer legal assistance for every complication you might face throughout your asylum application process.
Contact our professional legal team today at 516-494-7373 with your legal question or schedule an initial consultation and see what we can do to help you.
What is the Difference Between Asylum and Refugee Status?
At first glance seeking asylum vs refugee protections in the United States may seem interchangeable. While they are similar, they differ in a key area. While a refugee will obtain their status from outside the country, an individual applying for asylum must do so while they are on U.S. soil or within U.S. territory.
Do I Qualify for Asylum?
The United States offers its protection to people who face dangerous persecution in their home countries. To qualify for political asylum in the United States you must present yourself to immigration authorities and claim a well-founded fear of persecution based on your:
- Political opinion
- Membership in a social group
The persecution you cite on your application must usually be significant, such as human rights violations, torture, unlawful or political detention, physical violence, or infliction of serious emotional distress. Threats of harm may sometimes qualify as persecution if others in a similar situation to yours have experienced more significant persecution. It must also be either from the government or a group or individual from whom the government cannot or will not protect you.
How do I Apply for Asylum?
The application process can require different approaches based on your specific circumstances. Regardless of the differences you will encounter later, all asylum applications begin with submitting Form I-589. Where you submit this form will vary depending on your situation.
- If you are applying for the first time and not facing removal proceedings, apply at the U.S. Citizenship and Immigration Services (USCIS) center with jurisdiction over your area of permanent residence.
- If you have previously applied for asylum and were denied, or if someone else applied for you, but you no longer qualify as their dependent, apply at the asylum office with jurisdiction over your area of permanent residence.
- If you are with a group of individuals such as stowaways, crewmembers, or others who arrived through the U.S. visa waiver program, apply at the USCIS service center with jurisdiction over your area of permanent residence.
For proper guidance to assure your asylum application is filed correctly the first time, consider working with a knowledgeable New York City immigration lawyer. They can provide you with the expertise to help you reach the proper legal status throughout the entire process.
Can I Include My Spouse and Children in My Asylum Application?
Your spouse and children must be listed on Form I-589 for your application for asylum, regardless of whether they want to be included in your application or are present in the United States. You may ask the immigration official to include them in your application proceedings.
Working in the United States under Asylum Status
You must wait 150 days after filing your asylum application before applying to work in the United States. After that waiting period, you are allowed to apply even if no decision has been reached on your asylum application. If you are granted asylum you are permitted to begin working immediately
While Employment Authorization Documents are not required for individuals in the US under asylum status, you may find them convenient. Should you choose to acquire them while waiting for the decision on your asylum application, you will need to file Form I-765.
How Long Does it Take?
Asylum applications are typically decided within 6 months of the asylum interview. Extraordinary circumstances may take longer.
Do I Need a Lawyer at My Asylum Interview?
Having a lawyer present at your asylum interview is not required, but those applicants who have experienced immigration lawyers with them are significantly more likely to have successful asylum applications.
Hire a New York City Asylum Attorney
The Law Office of Jason A. Dennis has experience in all areas of immigration law. Our knowledgeable team of lawyers is dedicated to reaching the best possible solution for our clients, for both simple and complex immigration matters. If you are considering applying for asylum, or wish to appeal a denial of your asylum application, contact our New York immigration lawyers for a free initial consultation.