Asylum and Refugees

Asylum and Refugees

Asylees and Refugees are similar procedures as they are granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality and/or membership in a particular social group or for holding a political opinion. 

Refugees are outside the United States at the time they apply for the protection of the United States. Also, the applicants are generally outside of their own country, and they are unable or willing to return to their home country for fear to serious harm.

Asylum is form of protection available to people all over the world if they meet the definition of refugee that is that the person will be persecuted on account of race, religion, nationality and/or membership in a particular social group or for holding a political opinion. The asylum application is done inside the United States or at the port of entry. 

You might apply to asylum regardless of how you entered the United States, with or without visa. 

For many people crossing the border without a visa applying for asylum is the go-to process. However, keeping in mind the requirements to apply and that the reasons for applying to asylum or the refugee will be evaluated and ultimately approved by the Immigration officer, the applicants must be mindful on deciding when and how to apply for asylum.

 Applying for asylum after a year of presence in the United States greatly reduces the changes of the asylum application. 

Unfortunately, most asylum applications are denied by the department of immigration and forward before the immigration judge.

 The final resolution to an application for asylum is either the approval of asylum or the denial. Most people whose asylum is denied end up in deportation or removal from the United States.

When your asylum application is granted, you are authorized to work in the United States and can apply for your green card, which is the first step to becoming an American citizen. 

Even when your family is outside the United States, if you are granted asylum you can petition to bring your spouse and children under the age of 21 to the United States. 

If you want to learn more about the asylum or refugees process in the United State or determine if you might be eligible, call us at 305-392-7475 or schedule your 15-Complementary-Session here.

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Can Asylum Applicants Get a Work Permit?

The majority of asylum seekers want to get a work permit. As a matter of fact, most of them apply for asylum to get a work permit faster. If you're applying for asylum in the U.S., you might have to wait until you're granted asylum before you qualify for a work permit, or navigate some complicated immigration rules.

For many years, anyone who applied for asylum in the United States qualified for a work permit (an employment authorization document or EAD) immediately. However, that is no longer the case. Efforts to combat frivolously filed asylum applications led to an overhaul of U.S. immigration laws, which now make it quite difficult for someone fleeing persecution to obtain the right to work in the United States.

EAD Eligibility Based on Winning Asylum

The asylum process might take weeks, months or even years. If you are granted asylum in the United States, you will become instantly eligible to submit an application for a U.S. work permit. And you don’t need to read more!

The normal process for asylum seekers is as follows,  after you first submit your application for asylum (assuming you apply affirmatively, rather than after being placed in removal proceedings), your case will be heard by the Asylum Office, possibly within a matter of weeks. If you are granted asylum at that time, great! However, the highest percentage of asylum seekers get their cases referred to the immigration court system, for removal/deportation proceedings

Before the Immigration Judge you have a new opportunity to present your case of asylum. If it's a grant of asylum, you can apply for a work permit. But the IJ might be unconvinced, and deny asylum.

A denial of your asylum case is not the end. You can appeal to the Board of Immigration Appeals, which all too often accepts the immigration judge's decision. After that, you can then appeal to the federal court in your circuit, and even to the Supreme Court of the United States.

All without a right to work in the United States.

EAD Eligibility Based on Passage of 365 Days With No Decision

The other way to obtain a work permit even if there is no decision on your application is if 365 days have passed after they filed their application with no decision on the case from USCIS or the IJ. Before 2020, you have to wait at least 150 days before you can apply for a work permit. 

 If you cause any delays in the course of your asylum case, however, such as failing to provide required paperwork or asking for a postponement, and those delays aren't resolved by the time you apply for work authorization, you will also be denied an EAD.

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