Asylum

Seeking asylum in the United States is a courageous step toward building a safer future free from persecution. At Joseph & Hall P.C., we understand the anxiety and uncertainty that often accompany this journey. Our team is dedicated to providing the compassionate guidance you need to navigate the complex U.S. immigration system.

The Process

Applying for asylum is a multi-stage process that requires careful attention to detail. While every case is unique, the general path involves the following steps:

1. Arrival and Eligibility: To apply for asylum, you must be physically present in the United States. You generally must file your application within one year of your last arrival, unless you qualify for an exception due to changed circumstances or extraordinary events.
2. Filing the Application (Form I-589): This is the core of your case. You must submit a detailed application explaining why you fear returning to your home country. This includes providing evidence of past persecution or a well-founded fear of future persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
3. Biometrics Appointment: After filing, you will receive a notice to visit an Application Support Center to have your fingerprints and photo taken for security background checks.
4. The Asylum Interview: For affirmative asylum cases (those not in removal proceedings), you will be interviewed by an asylum officer. This is your opportunity to tell your story in detail. If you are in removal proceedings (defensive asylum), your case will be heard by an immigration judge.
5. The Decision: After the interview or hearing, you will receive a decision granting or denying asylum.

Can I Stay in the U.S. While My Application is Pending?

One of the most common questions we hear is, “Can I stay here while I wait?” The answer is generally yes.

Once your asylum application is properly filed and pending with U.S. Citizenship and Immigration Services (USCIS) or the immigration court, you are permitted to remain in the United States until a final decision is made on your case. During this time, you are in a period of authorized stay. However, it is crucial to understand that this does not grant you a “status” like a Green Card holder; rather, it protects you from deportation while your claim is being adjudicated.

There are legal nuances to this protection. For example, if you travel outside the U.S. without special permission (Advance Parole) while your case is pending, your application may be considered abandoned. It is vital to consult with an attorney before making any travel plans.

Benefits of Obtaining Asylum

Securing asylum status opens the door to stability and opportunity in the United States.

• Protection from Deportation: You can live in the U.S. indefinitely without fear of being returned to your home country.
• Work Authorization: Asylees are immediately eligible to work. Even while your application is pending, you may apply for a work permit if your case has been pending for a certain period (currently 150 days) without a decision.
• Family Reunification: You may petition to bring your spouse and unmarried children under 21 to the United States.
• Path to Citizenship: One year after being granted asylum, you may be eligible to obtain Lawful Permanent Residence (a Green Card). Eventually, you may be eligible to become a U.S. citizen.
• Access to Benefits: Asylees are eligible for certain government benefits and services to help them integrate into society.

How Joseph & Hall P.C. Can Help

Joseph & Hall P.C. has a reputation for excellence in providing legal services to individuals and families. We pride ourselves on our in-depth understanding of asylum law and on offering a personal touch that larger firms often lack.

Our attorneys will:

• Help you gather the necessary evidence to build a strong case.
• Prepare you thoroughly for your asylum interview or court hearing.
• Ensure all documents are filed correctly and on time.
• Stand by your side as your dedicated immigration ally.

If you are seeking safety and a fresh start, you don’t have to do it alone. Contact Joseph & Hall P.C. today.