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Helping Asylum Seekers Claim Asylum in the U.S. 

Withholding of Removal& & Convention Against Torture (CAT)

Deciding to apply for asylum requires an understanding of the reasons for seeking asylum. You must make sure that you qualify. You qualify for asylum if you have been persecuted or have a “well-founded fear of persecution” in your country of origin based on the following elements:  political opinion, religion, race, nationality, or membership in a particular social group.

There was a temptation to limit the rights of persons to apply for asylum in the United States. On January 8, 2021, a Federal Judge blocked the implementation of a regulation that would have severely limited the right of persons to request asylum in the United States.

Use Form I-589 to apply. Attach a detailed affidavit and documentation in support of your application. There is no filing fee.

If you are outside the US, you may apply for refugee status based on these same criteria. Your fear of persecution must be either by the government of your country or by a group that the government is unable or unwilling to control.

If you are able to establish past persecution, a presumption arises that you have established a well-founded fear of persecution. The burden of proof shifts to the government to demonstrate that circumstances have changed and that you no longer have a well-founded fear of persecution or that you could avoid persecution by relocating in another part of your country and that it would be reasonable for you to do so.

If you are in lawful immigration status, you can submit an application for asylum directly with the appropriate USCIS Service Center. Should your application be denied, you will remain in lawful status.

However, if you are not in lawful status, should your application not be approved by the USCIS, you will be placed in removal proceedings. If you are in removal proceedings before an Immigration Judge, in addition to applying for asylum, you may be eligible to apply for withholding of removal and for relief under the Convention Against Torture (CAT).

Once your application has been pending for over 150 days, you may apply for a work permit using form I-765. If your application is approved, and your spouse and/or children are outside the US, use form I-730 to bring them to the US as asylees. One year after your application is granted, you may apply for a green card.

 

  • Expert Witness

  • Political

  • Religion

  • Race

  • Nationality

  • Particular Social Group

  • One Year Filing Rule

  • One Child

  • Policy - PRC

  • LGBT

  • Firm Resettlement

  • TPS