Asylum

Asylum is a form of protection which allows individuals to remain in the United States instead of being deported to a country where he or she fears persecution or harm. Those who are granted asylum are called asylees. You may only apply for asylum if you are in the U.S. physically and not a citizen. To qualify for Asylum, a person must prove that they suffered persecution or fear that they will suffer persecution due to race, religion, nationality, political opinion or membership in a particular social group. There are two types of asylum: Affirmative Asylum and Defensive Asylum. 

To apply for Affirmative asylum, you need to file form I-589. You many NOT file an online form I-589 if you:

• Are proceeding in immigration court or before the Board of Immigration Appeals

• An unaccompanied alien child; 

• Are among the categories of applicants who must currently file by mail with the Asylum Vetting Center;

• Already submitted a Form I-589, which is still pending with USCIS.

If you are eligible for asylum you may be permitted to stay in the U.S. You must apply within one (1) year of your arrival. There is no fee to apply for asylum. You may include your spouse or children who are physically present in the U.S. as dependents on your affirmative or defensive application up until a final decision is made on your application. The child must be twenty-one (21) and under and unmarried. 

Contact our office at Askew & Associates, P.A. by calling 954-546-2699.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.