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If you are granted asylum, you will be permitted to live and work in the U.S. and able to apply for permanent resident status one year after the asylum is granted. In addition, you may include your spouse and unmarried minor children who are in the United States on your application at the time you file or at any time before the final decision is made on your case. To file an asylum application, you will need to complete Form I-589 and other supporting documentation. There are two types of asylum proceedings depending on the time when you submit your I-589 application for asylum. Affirmative asylum is filed before the USCIS and defensive asylum is filed while in removal proceedings before the immigration court.
You must ask for asylum at a port of entry or apply within one year of your arrival in the United States. However, you may file for asylum later than one year if conditions in your country have changed or if your circumstances have changed within the past year before your asylum application, and those changes of circumstances affected your eligibility for asylum. You may be barred from asylum if you (1) have assisted in the persecution of others, (2) are threats to U.S. safety or security, or (3) are firmly resettled in another country (i.e. offered a citizenship or resident status in a country other than your home country of persecution).
In the defensive asylum process, an asylum seeker has been placed in removal/deportation proceedings in the immigration court and requested asylum as a defense against removal from the United States. The person placed into the defensive asylum process is usually either (1) referred to an immigration judge by Asylum Officers who did not grant asylum, or (2) already in removal proceedings because they are undocumented or in violation of their granted visa status in the U.S., or were caught trying to enter the U.S. without proper documentation and were found to have a credible fear of persecution or torture. The immigration judge with the Executive Office for Immigration Review (EOIR) may grant the claim or issue a denial and a deportation order.
Withholding of Removal and protection under the US Convention Against Torture (CAT) are two alternative forms of relief for those foreigners who are physically in the U.S. and fear returning to their home countries because of persecution or torture. The requirements to be granted withholding or CAT protection are higher than asylum because you have to prove that it is “more likely than not” that you would be persecuted or tortured. However, if you are barred from receiving asylum status because you missed the one-year filing deadline, or have been denied of asylum status due to discretionary factors, you may still be eligible for withholding or protection under CAT. However, please note that withholding and CAT protection does not give you the benefits of asylum or refugee status. You are not automatically allowed to apply for permanent resident status under withholding, and you cannot extend your benefits of withholding derivatively to your spouse or children unless through an immigration judge when each of your derivatives has filed their own I-589 asylum application. Filing an asylum application is a complex process that requires an extensive amount of work and preparation. Our experienced attorney understands the nuances of immigration law and the asylum process. We will explain to you your rights, limitations, and potential options for your specific case. Remember, you may only have one or two shots at applying for asylum, and you do not want to waste the opportunity by being unprepared or unrepresented by a qualified counsel. Don't hesitate to get in touch with our office if you need help in the asylum application process.