Can I Apply For Asylum From Outside of United States?
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).
What Happen if I Apply For Asylum at an Airport or the 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”)
What Documentation Do I Need for an Asylum Application?
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.
Will I Receive Work (employment) Authorization?
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.
What Are My Chances To Receive Asylum In The United States?
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.
Can I file for Asylum if I am from Ukraine, Russia, Belarus, Kazakhstan or Other Post-Soviet State?
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.
Will I Be Provided With A Free Interpreter (translators) During My Asylum Interview?
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.
Will I Be Provided With A Free Attorney To Represent Me In Asylum Proceedings?
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.
How to Obtain a Green Card After a Grant of Asylum?
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.