Asylum Lawyer Austin TX
If you have a well-founded fear of persecution on account of race, religion, nationality, political opinion or social group membership in your home country and you are already in the U.S, you may be eligible for asylum in the U.S. Among other benefits, a grant of Asylum allows the applicant to work legally, obtain travel documents, attend school, and receive certain forms of public assistance. After one year, an asylee may apply to become a U.S. permanent resident and later, a U.S. citizen.
Who is eligible to apply for asylum?
- You must be in US to file an asylum application and must do so within one year of your arrival in the U.S. The deadline may be excused based on an applicable exception such as extraordinary circumstances beyond the applicant’s control or changed circumstances materially affecting the asylum applicant’s eligibility.
- If you are in the U.S on a valid visa (e.g student visa), USCIS may not count your time spent on valid visa towards the one year but you must apply within a reasonable time before your visa expires.
What if asylum is denied
If your asylum application is denied but you are currently in a legal immigration status, you may have an opportunity to overcome the denial by submitting additional materials or a personal statement if your asylum officer mails you a written notice warning you about the reasons for denial. If you receive your denial (also called a referral to Immigration Court) when you go to pick up your decision after the interview, you will be placed in removal proceedings and your application may be considered again by an immigration judge.
Can family members also be granted asylum?
If a person is married or has children under the age of 21 and is granted asylum, his/her spouse and children can also be granted asylum by providing proof of family relationship. Accompanying relative status allows the family to live and work in the U.S.
Individuals who obtained asylee status as the spouse or child of a principal applicant for asylum, may qualify for Lawful Permanent Resident status even if they are no longer married to the principal applicant or in the case of a child, even if they are now 21 years old or married.In order to do so, an individual will need to file a new application for asylum with their local asylum office. Once the new I-589 is approved, an individual may apply for adjustment of status.
How Ghoshal Law PLLC can help you pursue a positive outcome
Preparing an asylum application is very complicated and the risks of the application being denied are high. The asylum application (I-589) must explain in great detail whether the applicant’s fear of persecution is reasonable and should be carefully documented by country reports, news articles, affidavits and witness testimony where possible.
If you file an asylum application that USCIS decides is frivolous, you will be permanently barred from receiving any benefits under U.S. immigration law. Ghoshal Law can help you pursue a positive case outcome by highlighting the important parts of your narrative in a way that increases the chances of winning.
An asylee is advised to apply for adjustment of status for a green card as soon he/she becomes eligible because DHS does have the authority to revoke asylum status if conditions in your home country are no longer dangerous.
Call 512-637-1328 or email firstname.lastname@example.org today for a consultation with Ghoshal Law.