Asylum
At Shestopalko Law we believe in helping refugees obtain asylum in the United States. We know that your situation is unique and we will do our best to ensure that you are protected from persecution in the United States.
The United States has to provide protection to those who qualify as “refugees.” There are two paths to obtain refugee status—either from abroad as a refugee or in the United States as an asylum seeker. Asylum is a (humanitarian) protection granted to aliens inside the United States or at the border who meet the definition of a “refugee.”
“Refugee” is (defined) as a person who is unable or unwilling to return to his or her home country due to past persecution or a well-founded fear of being persecuted in the future on account of race, religion, nationality, membership in a particular social group, or political opinion, and cannot obtain protection from that country’s government.
Aliens normally seek asylum & refugee status because of past persecution, or because they have reason to fear that there will be future persecution from their government or groups that the government is unable or unwilling to control.
To obtain asylum the alien needs:
- To be present inside the United States or apply for asylum at the border or port of entry (airport)
- To file the asylum application within 1 year of entering the United States*
- To fit the definition of a “refugee”
- To not have any disqualifying crimes in the United States or abroad
- To not be barred from asylum due to national security issues and other bars
To prove that the alien fits the definition of a “refugee” he or she needs to demonstrating that he or she is unable or unwilling to return to his or her home country:
- Due to past persecution or a “well-founded fear”** of being persecuted in the future AND
- Because the persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion AND
- Because he or she cannot obtain protection from the home country’s government
*While the general rule requiring asylum applicants to apply within one year of entering the United States, there are exceptions. Some of these exceptions include changed country conditions and extraordinary circumstances.
**“Well-founded fear” means that there is a reasonable possibility that the alien would be persecuted or that there is a one in ten (10%) risk that the applicant will suffer persecution.
To apply for refugee status, an alien must:
- Meet the definition of a “refugee”
- Physically be outside the United States
- Undergo an interview to determine his or her eligibility as refugee
- Have a financial sponsor inside the United States who will pay the cost of travel to the United States and support the refugee once he or she has arrived
To prove that the alien fits the definition of a “refugee” he or she needs to demonstrating that he or she is unable or unwilling to return to his or her home country:
- Due to past persecution or a “well-founded fear”** of being persecuted in the future AND
- Because the persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion AND
- Because he or she cannot obtain protection from the home country’s government
The number (annual quota) of aliens able to achieve refugee status is set by the United States government, and the annual quota cannot be exceeded.
*“Well-founded fear” means that there is a reasonable possibility that the alien would be persecuted or that there is a one in ten (10%) risk that the applicant will suffer persecution.
There are two primary ways in which a person may apply for asylum in the United States: the affirmative process and the defensive process.
- Affirmative Asylum: An alien who is not in removal proceedings may affirmatively apply for asylum through United States Citizenship and Immigration Services. If the asylum officer does not grant the asylum application and the applicant does not have a lawful immigration status, he or she is referred to the immigration court for removal proceedings.
- Defensive Asylum: An alien who is in removal proceedings may apply for asylum defensively by filing the asylum application at the immigration court.
The benefits of Asylum include:
- Protection from being returned (deported) to his or her home country
- Authorization to work in the United States
- Ability to apply for a Social Security card
- Ability to request permission to travel outside the United States
- Ability to petition to bring family members to the United States
- Ability to apply for lawful permanent resident status (a green card)
Frequently Asked Questions
An alien may not file for asylum from outside of the United States. An alien may apply for asylum only when he or she is physically in the United State or at port of entry (airport or border).
If an alien applies at a port of entry (airport), the alien is likely to be detained until the government or a judge grants asylum or releases the alien on bond. Additionally, aliens who apply at an airport or at the border are usually subject to a “credible fear interview” (aliens who re-enter the United States after a prior removal (deportation) order are subject to “reinstatement of removal”)
Applicant’s supporting documentation:
- Alien’s birth certificate and other forms of identification
- Marriage certificates (if applying with a spouse)
- Copy of passport and I-94
- Birth certificates of children (if applying with children)
- Affidavit from asylum seeker detailing the prosecution that he or she faced in his or her home county country and why he or she cannot return there
Other supporting documentation for Asylum Petition:
- Any proof of membership in a “protected ground” (race, religion, nationality, membership in a particular social group, or political opinion) in petitioner’s country of origin
- Newspaper articles detailing persecution in home country
- Government and International Organization’s reports detailing persecution in home country
- Death certificates of family members and others who were persecuted
- Medical records showing abuse of asylum seeker, family members and others who were persecuted
- Police reports proving violence against asylum seeker, family members and others who were persecuted
The list covers general documents which are filed in support of an asylum application. Please contact our attorneys at Shestopalko Law for your individualized help.
Generally, a person who files for asylum will usually obtain work authorization after 180 days. However, the calculation of time is sometimes complicated and depends on multiple factors. Please contact our attorneys at Shestopalko Law for your individualized help.
This is a difficult question to answer without a comprehensive evaluation of the particular claim, country conditions, immigration history, supporting documents and many other factors. However, United States laws were designed to protect asylum seekers, and the United States has vowed to protect individuals who fear returning to a country where they can establish that they would be persecuted.
As long as the applicant works with an experienced lawyer, presents truthful testimony and documents past persecution and/or future persecution, the United States Citizenship and Immigration Services or an Immigration Judge will give you the opportunity to present your case and will grant you asylum if you qualify.
As long as the asylum seeker suffered persecution or fears persecution in the future, he or she may file for asylum in the United States. If the applicant works with an experienced lawyer, presents truthful testimony and documents proving past persecution and/or future persecution, the United States Citizenship and Immigration Services or an Immigration Judge will give you the opportunity to present your case and will grant you asylum if you qualify.
Asylum applicants are not provided with free interpreters (translators) at their interviews. They have to bring their own interpreters (translators) to the interview. However, free interpreters (translators) are provided in Immigration Court.
Asylum applicants are not provided with a free attorney. An alien may secure services of pro-bono organizations or hire an attorney and does have a right to bring an attorney with him or her to assist him or her in the immigration proceedings.
After you have obtained asylum in the United States, you must wait one year before applying for a green card. Each member of your family must submit a separate green card application. Unlike an asylum application, you may not include your spouse and children on your green card application.
Here is where we can help!
For more specific help with your individual case, call Shestopalko Law today at (585) 506-7356, email andriy@shestopalkolaw.com or fill out our contact form.
Disclaimer: This article discusses general legal issues, but it does not constitute legal advice. No one should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. Shestopalko Law expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.