Every year, tens of thousands of non-citizens and foreign nationals who have already arrived in the U.S.seek asylum. Asylum can be sought through a complex application process with the U.S. Citizenship and Immigration Services (USCIS). Asylum can be granted to those seeking our government’s protection from persecution.
If you or a loved one is seeking asylum, you can turn to J. Sparks Law, PLLC for the help you need to navigate the immigration system. As a former clinical instructor in asylum law at The Pepperdine School of Law in Malibu, California, Julie Sparks is capable of handling the most complex of asylum cases. Our Austin asylum lawyers have over two decades of combined legal experience and have helped numerous immigrants find the protection they need. We urge you to take advantage of our knowledge and skill in handling all aspects of the asylum application process.
Individuals who have entered the U.S. may seek asylum if it is deemed that they have been persecuted or fear that they will suffer persecution if they return to their native country. Persecution includes torture or harm based on one’s:
Those eligible for asylum may include spouses and children as derivative applicants on the application. If you are granted asylum, you will be allowed to work in the U.S. and apply for a Social Security card. Asylees may also travel abroad with permission and petition for family members to join them in the U.S.
After residing in the U.S. as an asylee for one year, you may apply to become a lawful permanent resident (green card holder). After four years of lawful permanent residency, you may apply for U.S. or qualify for an exception to this rule.
The application process requires that you provide substantial evidence of persecution or a well-founded fear of it in order to be granted asylum. You must apply for asylum within one year of entering the U.S.
When you arrive in the United States, there are six basic steps to follow if you want to apply for asylum:
If it has been over a year since your arrival, there may still be options available. Reach out to our texas board-certified immigration attorney for help. J. Sparks Law is here for you.
At J. Sparks Law, PLLC, we are dedicated to helping individuals and their families receive the protection they need to move forward in safety and peace. If you or someone you know needs assistance with the asylum application process, it is important to have strong legal representation. With an attorney who is Board Certified in immigration and Nationality Law by the Texas Board of Legal Specialization guiding your case, you can trust that you will have the knowledge and skill that you need on your side.
Over the years, we’ve found that there are a handful of very common, yet very important questions people have regarding immigration attorney. Here are answers to some of our most Frequently Asked Questions.
Asylum is an immigration benefit given to individuals living in the United States to protect them against being deported (removed) to a country where they fear persecution or harm. You can also apply for asylum at a U.S. border entry point. If asylum is approved, the person who is approved becomes an asylee. An asylee is eligible to apply to become a lawful permanent resident (green card holder) after holding asylee status for one year.
To qualify for asylum, you must be a refugee, as that term is defined by law. A refugee is someone who shows that they have been persecuted or harmed because of their race, religion, nationality, political opinion, or membership in a particular social group. A refugee can also be a person who fears persecution or harm for the same reasons if they are forced to return to their native country.
To apply for asylum, you must complete and submit USCIS Form I-589 Application for Asylum and Withholding of Removal. This application must be submitted within one year of your arrival in the United States. If the application is filed after one year of your arrival, it will be denied on that ground unless you prove that certain exceptions apply in your case. The application must be accompanied by evidence to show that you qualify for asylum.
There is no fee to apply for asylum if you are applying on your own. However, if you seek the services of an experienced Austin asylum lawyer, then you can expect to pay a fee for professional services.
This depends on a number of factors, including whether you are filing “affirmatively” or whether you are filing “defensively.” Your application is affirmatively filed if you have not been placed in deportation/removal proceedings when you submit your application. If you have been placed in deportation/removal proceedings, then your application is defensively filed. You should expect a decision on your affirmatively filed application within 180 days. If you’re in deportation or removal proceedings, this will take longer, but you cannot be deported while the application is being reviewed.
Yes. This is because even though many applications are submitted by people who have truly suffered persecution or harm or fear the same if forced to return to their native countries, many others claim this to be the case when, in fact, it’s not true. For this reason, U.S. law makes it very difficult to prove asylum. It is important that you consult an experienced Austin immigration attorney to evaluate your situation and offer advice.
An Austin asylum lawyer can help you prepare your application for asylum and make sure the application submitted has the necessary information and supporting evidence to have it approved. The lawyer will also prepare you for your asylum interview. If you are in the Austin area and wish to apply for asylum, contact us today to learn how we can help you.
When someone wants to directly help a family member gain legal status in the U.S., the first step is the filing of an I-130 petition. Residency, which is the legal status that green card holders have, can only be considered and approved after an I-130 has been approved.
The approval of an I-130 petitions means that the family relationship has been established and acknowledged by USCIS. For example, if you have petitioned a child, an approval means that USCIS has acknowledged that the person you filed for qualifies as your child under the law. The meaning of “child” can include not only biological children, but sometimes stepchildren and adopted minors.
If you have petitioned your spouse, an approval of your I-130 petition indicates that USCIS has both acknowledged that your marriage is legal and that your relationship is genuine.