Considering Pursuing Asylum In The United States?
Are you seeking asylum in the U.S. from your home country? Wondering if you’re even eligible for asylum? Lawyer Ramon Irizarry at Empire Immigration Law, PLLC can help you with all aspects of this process.
Based in Buffalo, New York, Mr. Irizarry is a skilled immigration attorney with over a decade of experience focusing solely on this area of law. He understands asylum inside and out. Please don’t hesitate to reach out for a free consultation. He can handle everything related to your case so you do not have to worry. Call 888-606-3005 to set up a consultation today.
Am I Eligible For Asylum?
If you are wondering whether or not you should try to get asylum, you should know that asylum is for those who are in the U.S. but are afraid to return to their native country because they will have to face persecution based on certain grounds. The United States government grants asylum to those with a well-founded fear of persecution in their home countries.
The grounds for asylum include fear of persecution based on:
- Political ideologies
- Identification with a particular social group
Mr. Irizarry can review your circumstances to determine whether you’re eligible for asylum in the United States.
Examples Of Asylum Cases
Mr. Irizarry is well-versed in immigration law, especially these types of cases. Here are some examples of asylum cases:
- If someone were afraid to go back to their home country because they were persecuted in the past and wanted to seek asylum because of their involvement in politics and being a human rights advocate, Mr. Irizarry can help them enter the U.S. based on their being persecuted for individual ideologies and opinions.
- If someone were living in a country where being gay meant being threatened with violence regularly, and they went to the United States based on their past persecution as a member of the LGBTQ community, they can seek asylum here in this country.
- Someone who decided to convert to a different religion but was faced with serious mistreatment in their home country and came to the United States to avoid that type of persecution would be able to try to seek asylum based on religious persecution.
These are just a few of the different types of persecution from which individuals seek asylum. Anyone who is being threatened with violence and mistreatment back at home because of things that are mostly out of their control may have strong grounds for asylum. Mr. Irizarry can advise you of your eligibility and guide you through your case process every step of the way.
The Asylum Application Process
If you’ve never had to go through removal (deportation) proceedings, and you’ve never been arrested and detained by United States immigration, you can proactively file for asylum with the USCIS. Basically, this means that you are not filing for asylum as a way to counter any other proceedings that are going on against you. This is going to be your first move if you’ve never been detained. Otherwise, if you’re already facing deportation, it is known as a defensive application.
The form for asylum is I-589. The form is long, and it requires you to go into great detail about your life. In order for you to get this form right, it’s very important that you work with a skilled immigration lawyer. Don’t go through this alone and risk getting it wrong. Let attorney Irizarry help you lay the strongest possible foundation for a successful asylum application.
The Asylum Office Interview
Once you filed for asylum, you’re going to receive something from the USCIS that basically confirms that they got your application. It’s important to keep this receipt. You might have to go and make an appointment so they can take your fingerprints after this. Make sure you follow the instructions to a tee. Attorney Irizarry can help you and make sure you’re doing this correctly.
You will then have to undergo a detailed interview. Sometimes, these interviews with the asylum office can happen quickly, as they are taking the most recent applications and getting them turned around first.
During your interview, you get to tell the officer all of the reasons why you want to seek asylum in this country. The officers are also going to need some evidence of why you are seeking asylum. Mr. Irizarry has handled many of these types of cases, so he can tell you how to prepare for this critical interview, guide you through preparation and help you gather the right evidence.
Not only is having a lawyer with you during this time going to be very helpful, but they can make something of a closing argument for you during your interview.
Something to note about your interview is that you are not going to be provided with an interpreter and you will be responsible for making sure you have someone in the room to translate.
After The Interview
The likeliest scenario after you do your asylum interview is that you are going to be receiving a letter that instructs you to return to the Asylum Office to get the decision from the officers. From here, the case is either going to be referred to immigration court for further proceedings or you are going to be granted asylum.
If you have to be referred to immigration court, that means that you have not been granted asylum quite yet, but you do get to try again to present your case before a hearing officer in immigration court. A lot of cases are sent to immigration court, and Mr. Irizarry is prepared to help you through it.
Immediately after you are granted asylum, you can begin the application process for any family members who would also like to seek asylum. The form that you need to be worried about is called I-730. Unfortunately, there are limits to this application process. The timeline is legally bound; there are also limits to which type of family member you can sponsor when seeking asylum. Generally speaking, you have two years from when you were granted asylum to file this form, but a lot of people absolutely need to file their case sooner. Mr. Irizarry can look over your forms to make sure that everything is filed properly.
It is also important to note that when you file for asylum as an individual, it needs to be done within a year of your last entry into this country. It’s up to you to be able to prove that to be true. Your application process will ask for evidence. There are some exceptions but, generally speaking, you need to abide by this one-year limit. Attorney Irizarry will help you determine if you have an extreme circumstance.
Can I Get A Work Permit?
If this is your first time applying for asylum, and it is granted to you, then you absolutely can apply for a work permit in the United States. If you’ve been denied asylum before, then you cannot apply for a work permit in the United States. You can try to get a work permit 150 days after the USCIS received your application for asylum. For you to actually be granted the work permit, you have to wait 180 days.
If there are issues in the application process such as you arriving at your interview at the asylum office without your interpreter, then the days counted will be stopped. When you are working with an asylum lawyer who knows what they are doing, you are going to avoid this type of event that would prevent you from getting a work permit. Mr. Irizarry understands how urgent this matter is and won’t make mistakes that prevent you from being able to provide for yourself.
Can I Get A Green Card?
You absolutely can try to get a green card (become a lawful permanent resident) after you have been granted asylum. You will have to wait one year after being granted asylum either by an immigration judge or the asylum office. The applications for green cards can be tricky to accomplish, and even the smallest of errors could mean that your case is denied. Mr. Irizarry can work with you to ensure that you submit a strong application.
After getting a green card, you may also eventually be eligible to become a U.S. citizen. Mr. Irizarry can help you with that process too.