Do You Qualify For Asylum in the United States?
The legal implications of immigration may be frustrating and sometimes heartbreaking. For people in violent or war-torn nations, asylum in the United States may be their only hope for survival. If you are seeking asylum in the U.S., you should have the advice and services of an experienced St. Cloud asylum attorney, and you should contact that attorney immediately.
The Immigration and Nationality Act spells out the conditions and terms for asylum, which may be provided to an immigrant “because of persecution or . . . fear of persecution” based on religion, nationality, race, gender, membership in a particular social group, or political opinion.
What Are the Benefits of Asylum Status?
The United States provided asylum to more than 54,000 asylum seekers in 2023. Asylum status legally protects those who fear returning to their home nations. Once you apply for asylum, you are eligible for a work permit after 180 days. Those granted asylum status in the United States have permanent work authorization and, after a year, they may request a green card.
Not everyone who seeks asylum will qualify. There are several general requirements, but asylum seekers should discuss their personal circumstances with a St. Cloud immigration lawyer. Your lawyer will ensure your paperwork is complete and accurate and no mistakes delay the process.
What Evidence Should Accompany Your Asylum Request?
To be granted asylum status in the U.S., you must offer evidence to immigration authorities that you have experienced (or anticipate upon your return) persecution in your home nation due to your race, nationality, religion, political opinion, or membership in a particular group.
Asylum status is not approved merely because the government in someone’s home nation is oppressive or because life there is dangerous in general. You and your lawyer must prove to immigration authorities there may be a personal, direct threat to you in your home country.
You must provide a written declaration describing the harm you’ve suffered, who harmed you and why, and what you believe will happen if you return to your home nation. Your St. Cloud asylum attorney can tell you what other evidence you may need to present, which may include:
- police reports about the harm you have suffered
- medical reports about any injuries you have suffered
- a mental health evaluation about any harm to your mental health
- news or magazine articles about the reasons you fear returning to your home nation
- statements from people who know what happened to you in your home nation
- identity documents like birth certificates, passports, and marriage certificates
What Constitutes Persecution?
U.S. immigration law does not define persecution (with one exception), but immigration courts have determined that persecution may include threats, torture, violence, wrongful imprisonment, or any denial of fundamental freedoms or rights. Persecution by a government may consist of:
- the torture of dissidents
- firing weapons on dissidents and protesters
- genocide against members of a specific ethnic group or race
- banning members of a particular religion from participating in the political process
- allowing vigilantes to gang up on gays, religious or ethnic minorities, or other groups
The United States also recognizes persecution based on gender and has granted asylum status based on forced marriages, genital mutilation, and domestic abuse that has been ignored or condoned by the government of the victim’s home nation.
What Else Should Asylum Seekers Know?
If you are an asylum seeker, you should know that very few of the immigrants who apply are approved for asylum status. To apply for asylum status in the United States, your first step is obtaining help and legal advice from a St. Cloud immigration lawyer.
You will have to submit an “Application for Asylum and for Withholding of Removal” (USCIS Form I-589) within one year of arriving in the United States unless you meet one of the limited exceptions to this filing deadline. A spouse and children under 21 and single who are already in the U.S. may be included with your application for asylum status.
Those with asylum status may apply for a green card after one year with an “Application to Register Permanent Residence or to Adjust Status” (USCIS Form I-485). You must file separate green card applications for family members granted derivative asylum based on your case.
How Do Asylum Seekers Obtain Work Authorization?
When you first request asylum, you may not apply immediately for employment authorization. After 150 days, if no decision has been made about your status, you may request authorization to work with an “Application for Employment Authorization” (USCIS Form I-765).
When you apply for work authorization, asylum or refugee status, a green card, or naturalized citizenship, you should speak first to an experienced immigration lawyer who will ensure that your applications and the accompanying paperwork are accurate, complete, and on time.
Your lawyer will answer your immigration-related questions and concerns, explain your legal options, prepare you for hearings and interviews with immigration authorities, and protect your rights. If you need asylum, speak with an experienced immigration lawyer at SRR Law Group.
Let SRR Law Group Handle Your Asylum Case
When SRR Law Group handles your asylum case, our founding attorney, Stacey Rogers, will personally advise and represent you. An immigrant herself, she has helped more than 1,300 immigration clients across the United States.
SRR Law Group provides a welcoming, comfortable environment for you to discuss your asylum case and related legal issues. Attorney Stacey Rogers will move you quickly past the legal rhetoric to the core of the legal matter and keep you from wasting your time and resources.
SRR Law Group successfully represents asylum seekers by ensuring they are fully informed with sound and accurate legal advice. Attorney Stacey Rogers works closely with clients, helping them make the decisions that are in their best long-term interests.
Let attorney Stacey Rogers guide you through the asylum process, protect your rights, and address your concerns with experienced, compassionate legal advice and services. If you’re ready to speak to an immigration lawyer in St. Cloud, call SRR Law Group at 507-580-7374 today.
