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 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.

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:

If you are not a U.S. citizen, have been in the United States for less than one year, and you are part of an eligible asylum class, you may qualify for asylum.

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

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.

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

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

To qualify for asylum, you must prove the fear of harm is substantial. You must prove that the persecution you fear is from a part of the government, a group, or an individual that the government cannot or will not protect you from.

All information and all supporting documentation should be collected. The time it will take depends on the petitioner’s ability to obtain all necessary documents. 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).

Immigration asylum is one of the most difficult areas in immigration law. 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.