If you are experiencing severe persecution in your home country but do not have a family member or employer who can sponsor you for a United States immigrant visa, you might still be able to enter the country legally by seeking asylum. Anyone who enters the U.S. through this method can stay here without an immigrant visa. Additionally, they may even become eligible for legal permanent residence after enough time passes.
Applying for and obtaining asylum is a uniquely complex and stressful endeavor but having help from a champion immigration attorney could be crucial. A knowledgeable Birmingham asylum lawyer could help you build the most comprehensive petition possible, increasing your chances of securing a safe future here in the U.S.
Asylum is an option for foreign nationals who have already suffered persecution or reasonably fear imminent oppression in their country of origin. Immigrants commonly seek asylum after experiencing discrimination based on their nationality, religion, race, social group membership, or political beliefs. There are two methods of obtaining asylum: affirmative or defensive processing.
Affirmative processing involves U.S. Citizenship & Immigration Services (USCIS) and functions similarly to the standard nonimmigrant visa application procedure. Prospective asylees generally begin by submitting Form I-589 from inside U.S. borders within one year of their U.S. arrival date, unless they can show that extraordinary circumstances justified a reasonable delay in filing.
Meanwhile, defensive processing involves the Executive Office for Immigration Review. This option is best for individuals subject to deportation who would like to seek cancellation of removal.
A seasoned attorney in Birmingham could help a foreign national determine which specific asylum application process is best for their unique situation.
There are many benefits and privileges associated with being granted asylum, making it a powerful immigration option. For example, a foreign national who qualified for asylum can also pursue work authorization by filing Form I-765. Under certain circumstances, applicants awaiting a final decision on their asylum petition might receive work authorization before USCIS formally approves their request.
Individuals granted asylum can also petition for immediate relatives to join them in the United States by filing Form I-730. Only spouses and unmarried children under 21 of asylees are eligible for this. Barring humanitarian reasons for a delay, asylees must file their request on behalf of eligible family members no more than two years after first being granted asylum.
Finally, asylees become eligible to file Form I-485 and apply for Legal Permanent Resident status one year after receiving asylum, as long as they do not commit any criminal offenses or immigration law violations that would make them inadmissible.
A dedicated lawyer in Birmingham could further outline the rights that asylum grants and help a foreign national decide whether this immigration option is right for them.
Asylum is not available for everyone who fears oppressive conditions in their home country and proving that you qualify for this form of protection can be a time-consuming task that requires substantial documentation. However, asylum is a versatile immigration method that could help protect your current and future safety.
A proactive Birmingham asylum lawyer could help boost the chances of getting your application approved. Call today to get started on your case.