Asylum lawyers in New Orleans
What is Asylum?
Asylum may be granted to people who are already in the United States and who are unable or unwilling to return to their country of origin because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion.
If you are granted asylum, you will be allowed to live and work in the United States. You will also be eligible to apply for permanent residency one year after receiving asylum.
You may include your spouse and unmarried children under the age of 21 in your own asylum application, as long as your spouse or children are in the United States.
Asylum Status or Refugee Status?
Asylum status and refugee status are closely related. The main difference lies in where the person applies for status.
Asylum is sought within the United States, while refugee status is sought outside the United States.
However, all people granted asylum must meet the definition of a refugee.
If you do not qualify for asylum but fear being tortured upon returning to your home country, you may request consideration under the Convention against Torture.
Congress has restricted asylum applications filed more than one year after arrival in the United States, unless there are extraordinary circumstances or significant changes in the applicant's situation.
The asylum process
There are two ways in which a person can apply for asylum. However, in both processes, applicants must demonstrate a “well-founded fear” of persecution in their country of origin, as explained above.
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Affirmative asylum process:
A person may apply for asylum through the affirmative asylum process if they entered the United States with a visa or if they are an unaccompanied minor who is physically present in the country, regardless of how they entered, as long as they do so within the first year after their arrival.
Asylum can also be requested at a port of entry. In the affirmative asylum process, a USCIS asylum officer determines whether the individual will receive asylum in the United States.
The asylum seeker may be granted asylum or referred to an immigration judge. If the case is referred, the applicant will have another opportunity to prove their eligibility before the judge.
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Defensive asylum process
A person may apply for asylum through the defensive asylum process as a defense against deportation, after being detained by U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), or upon arriving at a port of entry without a valid visa.
Through the defensive asylum process, individuals request asylum before an immigration court, where a judge decides whether or not the applicant will receive asylum.
Asylum - Frequently Asked Questions (FAQ)
Can a refugee or asylum seeker return to their country of origin?
It is not recommended that asylum seekers or asylum seekers return to their country of origin.
A refugee or asylum seeker is a person who seeks protection from the United States because they fear returning to their country due to the possibility of future persecution or harm.
A person with a pending asylum application may apply for a travel document only for short and emergency trips abroad.
Without prior approval, an open asylum application will be considered abandoned by USCIS.
How long does the asylum application process take in the United States?
The processing time varies by jurisdiction. USCIS has eleven asylum offices across the country, and each one handles a different caseload.
The asylum office schedules interviews according to a protocol established by USCIS.
In some jurisdictions, applicants have waited several years, while others have been called for an interview within the first year.
Are asylum seekers allowed to work in the United States?
This law is currently changing and may vary depending on the type of case. Generally speaking, after a certain number of days and with a properly filed pending asylum application, the applicant may apply for employment authorization.
The work permit can be approved for two years and can only be used to look for employment.
It is important to note that the employment authorization card cannot be used for travel or re-entry into the United States.
Be sure to speak with an attorney before making any travel plans while you have a pending asylum case or if you want to know how to apply for employment authorization.
What happens if the asylum office does not grant asylum after the interview?
It depends upon the applicant immigration status. If the applicant has a valid immigration status at the time the decision is made, he would be permitted to stay in the US under that status. Conversely, if the applicant does not have a valid immigration status, the case is referred to immigration court, where the applicant will have a new opportunity to present his asylum claim before an immigration judge.
Contact our lawyers if you are applying for US citizenship and naturalization.
With the help of our successful legal team , asylum seekers can quickly and correctly file for asylum. Our firm can also assist applicants with employment authorization issues, filing for permanent residence, and helping family members come to the United States.