Asylum Guide

Asylum is a form of protection that allows individuals to remain in the U.S. instead of being deported. In order to qualify for asylum, the person seeking asylum must establish that they have been persecuted, or that they have a “well-founded fear of persecution” in your country based on (1) political opinion, (2) religion, (3) race, (4) nationality, or (5) membership in a particular social group.

In order to apply for asylum, an individual must complete and file the Form I-589, Application for Asylum and for Withholding of Removal. Along with this application, the individual should submit a detailed affidavit and documentation that supports the application. No filing fee is required.

Past Persecution:

Asylum is a form of relief granted to individuals who have been persecuted or have a well-founded fear of persecution in their home country on account of their race, religion, nationality, membership in a particular social group, or political opinion. Past persecution is an important factor that is considered when determining whether an individual is eligible for asylum.

In order to establish eligibility for asylum based on past persecution, an individual must provide evidence that they have been subjected to persecution in the past. This could include evidence of physical harm, detention, torture, or other forms of mistreatment. An individual who has been subjected to past persecution is generally considered to have a well-founded fear of future persecution and may be granted asylum as a result.

The role of past persecution in asylum cases is significant because it helps to establish that an individual is a refugee, as defined by the United Nations Convention and Protocol Relating to the Status of Refugees. A refugee is defined as a person who is outside their country of nationality and is unable or unwilling to return due to a well-founded fear of persecution based on one of the five grounds listed above.

In order to establish that an individual is a refugee, the individual must provide evidence of past persecution or a well-founded fear of future persecution. This may involve providing testimony, documents, or other forms of evidence to support their claim. An individual who is able to demonstrate past persecution is generally considered to have a strong case for asylum, as they have already been subjected to mistreatment on account of their race, religion, nationality, membership in a particular social group, or political opinion.

In sum, the role of past persecution in asylum cases is to establish that an individual is a refugee and therefore eligible for protection in another country. It is an important factor that is considered when determining an individual's eligibility for asylum and can be critical in helping an individual establish their case for protection.

Work Permit:

A work permit, also known as an Employment Authorization Document (EAD), is a document issued by the United States Citizenship and Immigration Services (USCIS) that allows a non-citizen to legally work in the United States. There are several different types of work permits available, each with different requirements and restrictions.

One way to obtain a work permit is through the immigration court system. Non-citizens who are in removal proceedings (also known as deportation proceedings) may be eligible for a work permit if they are granted certain forms of relief from removal, such as asylum, cancellation of removal, or adjustment of status.

To apply for a work permit through the immigration court system, an individual must first file the appropriate application with the court. This will typically be done through an attorney or a representative from a non-profit organization. The individual will also need to provide supporting documentation and may be required to attend an interview with an immigration officer.

If the individual's application for relief from removal is granted, the immigration court will typically issue a work permit as part of the decision. The work permit will typically be valid for a specific period of time, depending on the type of relief granted, and may be renewable.

It is important to note that obtaining a work permit through the immigration court system does not guarantee permanent authorization to work in the United States. The individual's work permit may be terminated if the relief from removal is later denied or if the individual's immigration status changes.

Overall, the immigration court system plays a crucial role in determining whether non-citizens are eligible for work permits and other forms of relief from removal. Working with an experienced immigration attorney or representative can help ensure that an individual's application is properly filed and reviewed by the court.

Employment authorization previously required waiting 365 days. This is no longer required as of February 8, 2022.

Spouse and Children

The role of a spouse and children in immigration court can vary depending on the specific circumstances of the case. However, in general, a spouse and children can play a significant role in an immigration case by providing support and testimony in court.

In some cases, a spouse may be able to petition for their non-citizen spouse to obtain a green card, which would allow them to live and work in the United States permanently. In order to be eligible for this process, the couple must be legally married and the spouse must meet certain requirements, such as not having a criminal record.

Children can also play a role in an immigration case by providing testimony or evidence to support their parent's claim for relief. For example, if a parent is seeking asylum based on persecution in their home country, their children may be able to provide testimony about their own experiences or the experiences of the family as a whole.

In addition to providing testimony, a spouse and children can also provide emotional support to the individual going through the immigration process. The process can be stressful and time-consuming, and having the support of a spouse and children can be invaluable.

Overall, the role of a spouse and children in immigration court depends on the specific circumstances of the case and the relief being sought by the individual. However, they can play a significant role by providing testimony, evidence, and emotional support throughout the process.