A person is eligible for a discretionary grant of asylum if he or she has suffered past persecution or has a well-founded fear of persecution on account of race, religion, membership in a particular social group, or political opinion. Persecution is defined broadly. It includes the infliction of harm or suffering by a government or persons a government is unwilling or unable to control. Serious violations of human rights amount to persecution. Persecution may also include severe economic deprivation that threatens an individual's life or freedom. Cumulative forms of discrimination or harassment also rise to the level of persecution. There are certain factors that make some people ineligible for asylum, such as conviction of a particularly serious crime. However, someone who is barred from asylum on this basis may still be able to remain in the U.S. under provisions of Article 3 of the Convention Against Torture. Individuals who are in lawful nonimmigrant status, or who are without valid immigration status, but have not yet been put in removal proceedings, may affirmatively apply for asylum.

The affirmative asylum process begins by submitting Form I-589, Application for Asylum and Withholding of Removal, a supporting statement, and supporting documents to the appropriate USCIS service center. Within three weeks USCIS issues a receipt and interview notice and within six weeks an interview is held at the local asylum office. At the interview the USCIS examiner asks detailed questions about applicants' statements in an effort to gauge their credibility. Applicants who are not fluent in English may bring a translator to the interview. The interview is informal and non-adversarial. Applicants receive written notification of the decision within a few weeks of the interview. If Immigration issues a final approval, applicants receive asylee status as of the date on the letter and are entitled to asylum benefits.

Applicants whose background checks have not been completed, or who come from countries where the socio-political situation is changing, may receive a conditional grant of asylum. This is not a final approval, and applicants with conditional grants are not entitled to asylee rights. A conditional grant does entitle the applicant to obtain work authorization.

Immigration may also issue a Notice of Intent to Deny to applicants in lawful non-immigrant status whose applications are deemed insufficient. The notice indicates application shortcomings and allows applicants an opportunity to respond. Satisfactory responses result in a grant of asylum status. Unsatisfactory responses result in an application denial, and applicants return to their prior status.

Applicants who are out of status and whose applications are denied are referred to the Immigration Court. Referrals initiate removal proceedings against applicants. In removal proceedings applicants have the opportunity to present their claim during a full evidentiary hearing before an Immigration Judge. See Defensive Asylum for more information on referrals to the Immigration Court.

Employment Authorization Document

Asylees have unrestricted ability to accept employment in the United States. The ability is incident to status and does not require a separate application. However, many employers require additional proof of employment authorization, and most asylees obtain an employment authorization document (EAD). The first EAD application fee is waived. Subsequent EAD applications must be filed three months prior to expiration of the current EAD.

Refugee Travel Document

Asylees may obtain a refugee travel document for international travel. They must not return to the country from which they sought asylum until they are permanent residents; visiting that country may result in asylum status termination. Refugee Travel Document applications should be filed at least six months prior to leaving the country.

Green Card Eligibility

Asylees are eligible to adjust to permanent resident status after one year as an asylee. Many of the grounds of inadmissibility that apply to other adjustment applicants are waived for asylees.

An asylum application is a complex procedure, and applicants should retain an experienced immigration attorney. Bromberg office staff members work closely with asylum applicants throughout the application process. They assist with the application and a detailed supporting statement. Staff members also compile and summarize news articles, human rights reports, affidavits, statements, and other original documents to support applicants' claims. Prior to the interview, an attorney meets with applicants to prepare them for the interview questions. An attorney is also present at the interview to clarify legal issues for applicants and provide a legal summary for the interviewer.

The attorneys at the Law Offices of Richard S. Bromberg have significant experience in representing asylum, withholding of removal, and CAT applicants at all administrative levels, from the initial interview to petitions for review in the U.S. Courts of Appeal. We have represented clients from a wide variety of countries and backgrounds. In addition, our office has experience with claims for asylum based on all five of the statutory grounds, including novel legal claims such as female genital mutilation and homosexuality. Call today to schedule a consultation.

Obtaining Asylum in the United States: Two Paths to Asylum

http://uscis.gov/graphics/services/asylum/paths.htm

USCIS Asylum

http://uscis.gov/graphics/services/asylum/index.htm