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 apply for refugee status, an alien must:
There are two primary ways in which a person may apply for asylum in the United States: the affirmative process and the defensive process.
The benefits of Asylum include:
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:
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.