Who Qualifies for Asylum in the United States?
Asylum is essentially asking the United States government to allow you to remain in the country if you fear returning to your home country because of harm. People who are seeking asylum can file an application with the U.S. Citizen and Immigration Services (USCIS) to grant them that protection. Asylum seekers can remain in the United States while their application is pending. Once a case has been pending for five months, asylum seekers can apply for authorization for employment and an advanced parole document that allows them to travel internationally.
Applying for asylum, and obtaining a successful outcome, is not easy. Below, our Tampa immigration attorney explains further.
Eligibility Requirements for Asylum
You cannot apply for asylum until you are already present in the country. You must also fear that you will be persecuted if you return to your home country. According to the Immigration and Nationality Act (INA), individuals must show that they will suffer persecution in their home country on one or more of the following grounds:
- Nationality
- Religion
- Race
- Political opinion
- Membership in a social group
Asylum seekers must also fear persecution from specific entities. These include the government in their home country, or groups the government will not or cannot control. While asylum seekers must also be present in the country to qualify, they must apply for asylum within one year of arriving in the United States.
Timeframe for Asylum Applications
After submitting an application for asylum, it can take anywhere between three and ten years to receive a decision. Asylum seekers cannot be deported during this time, and they also qualify for a social security number and employment authorization. When a case has been pending for more than three years, asylum seekers may be able to file a writ of mandamus, which asks the court to intervene to expedite proceedings.
The timeframe for any case will depend on specific facts, such as the backlog in the immigration system and the complexity of the case.
Benefits of Asylum
In addition to being protected from persecution, there are many other benefits of asylum, as well. These include:
- Employment authorization: Authorization to work allows you to earn a living to support yourself while waiting for a decision on your application.
- Pathway to permanent residency: Asylum seekers can apply for a green card after one year, and for U.S. citizenship after five years of carrying a green card.
- Federal benefits: Asylum seekers may qualify for certain federal benefits such as social services and healthcare.
- Reunification of family: Individuals can petition for certain family members to enter the country through the derivative asylum process.
Our Immigration Attorney in Tampa Can Help
While obtaining asylum is possible in many cases, it is never easy. At Florida Law Advisers, P.A., our Tampa immigration attorney can help you through the process and ensure you receive the most favorable outcome. Call us now at 1 (800) 990-7763 or chat with us online to request a consultation and to learn more about how we can help with your case.
Source:
uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act
