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What is Immigration Asylum?

Immigrants and refugees who risk facing persecution should they return to their home country may have the right to remain lawfully in the United States through the process of immigration asylum. Immigration asylum is a benefit that allows certain individuals the right to remain lawfully in the United States indefinitely under certain dire circumstances. If granted immigration asylum, individuals may apply after one year for lawful permanent residence, or a green card.

Who is Eligible for Immigration Asylum?

At Malik & Associates, PLLC, we advise immigrants and refugees on their potential eligibility for the asylum application process. You may qualify if you fear possible persecution in your home country due to one of the following circumstances:

  • Religious beliefs
  • Sexual orientation
  • Gender
  • Race
  • Nationality
  • Political opinion
  • Membership in a social group
  • or several other basis that may qualify under PSG

These various groups, are classified as being eligible for seeking Asylum. Non-U.S. citizens who have been in the United States for less than one year and are a part of an eligible Asylum class are eligible for asylum.

Does Asylum Status in the U.S. Expire?

The visa duration of asylum status is indefinite. It does not need to be renewed. However, work authorization as an asylee must be renewed as necessary should it be granted.

Family Benefits

A major benefit of receiving asylum status is that immediate family members, if listed in the alien’s asylum application, may be eligible for asylum status with all the same benefits including work authorization. Even family members who are not in the U.S. at the time the application is filed may be included.

What Documentation is Needed for an Immigration Asylum Application?

The following supporting documentation may be needed by each applicant in an Asylum application. This documentation includes:

  • Birth certificate or form of identification
  • Marriage certificate (if applying with spouse)
  • Copy of passport
  • Copy of I-94
  • 3 passport style photos
  • Proof of relationship if applying for children under 21 years of age
  • Affidavit stating why they cannot return to their country of origin

Additionally, some supporting documentation may be necessary for an Immigration Asylum application, including proof of membership in said “asylum class”, newspaper articles that show persecution of individuals’ “asylum class”, medical records, police reports or death certificates showing violence against petitioner, family members or other asylum class members.

In order to qualify for asylum, you must be able to prove the fear of harm is going to be substantial, such as physical violence, emotional distress, and torture. You have to prove that the persecution you fear is from a part of the government or group/individual that the government cannot or will not protect you from.

What is the Immigration Asylum Process Like?

All information and all supporting documentation should be collected. The time it will take will depend on the petitioners’ ability to obtain all necessary documents. The Asylum application should then be filed. Once the application is filed, a notice of receipt will be sent from the U.S. Immigration Service and an interview date will be scheduled. Following the interview the petitioner should receive an approval or referred to an immigration court (EOIR). At Malik and Associates we can work with you. Please contact us for more details.

Our Immigration Asylum Attorneys Can Help With Your Asylum Case

Immigration asylum is one of the most difficult areas in immigration law. The system for being granted asylum is tricky and overwhelming, given the obstacles of a backlogged bureaucracy. At Malik & Associates, PLLC, we handle asylum cases for immigrants fearful of returning to their home countries due to persecution. We have a proven track record and are up to the task.

Immigration asylum cases are often difficult to win without an experienced attorney. You must convince a judge that you have been, or will be, physically harmed if you return to your home country. An experienced immigration asylum attorney at Malik & Associates, PLLC can help.

Asylum Attorneys Can Help

Want specific answers to your U.S. asylum law related questions? If you need high quality immigration asylum legal services, give Malik & Associates, PLLC a call at 214-881-2100 or fill out our form online to schedule your consultation today. You deserve the right to be represented and receive counsel by a competent team who is on your side and will fight for you and your family.

Malik & Associates, PLLC provides services and representation to its clients for US Immigrations needs in the entire United States (we travel for your hearings or interviews), throughout the whole world and including but not limited to the following areas in Texas.

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