ASYLUM

To be eligible for asylum, a non-citizen must prove that he or she is afraid to return to their county due to one of five protected grounds: religion, race, nationality, political opinion, or membership in a particular social group. Fear of general crime, bad economic conditions, violence, or delinquency are not grounds for approval of an asylum application.

Even if a person can prove they are afraid to return to their country based on one of the five protected grounds, he or she must also prove that the government of their country cannot or will not protect them. Usually this means they must show that either the government is causing the the harm, or that the government refused to or cannot protect the person from the persecution.

Further, non-citizens must prove that they cannot relocate within their country and achieve safety, nor that they have lawful status in some other third country . Generally, this means that the person cannot have lived in some other safe country before entering the United States, and that the threat in the home country is national, and not limited to one single region or city.

The process to file for asylum depends on if the applicant is in removal proceedings. If in removal proceedings, the applicant is filing a defensive asylum application before an immigration court. Otherwise, it is an affirmative asylum application that is initially processed and decided by USCIS. Regardless of the venue for the asylum case, the process for filing begins with an I-589 Application for Asylum. Applicants for asylum (with very limited exceptions) must file this application within one year of entering the United States, and present any reasonably obtainable evidence along with the application as well as the applicant’s statement regarding the basis of their claim.

Affirmative asylum applications will lead to an interview at the USCIS asylum office where the applicant will testify about their case. Defensive asylum applications will eventually be adjudicated by an immigration judge, after supporting evidence is provided and reviewed, and a trial occurs where the applicant testifies about their case. If the application is approved, the applicant will gain asylee status and be able to petition for their spouse and children under 21 years old. The applicant will also be able to apply for permanent residency after having asylum for one year.

When an affirmative asylum application is not approved, USCIS will almost always send the application to immigration court where it will become a defense asylum application. The applicant will then have a second chance to apply for asylum before an immigration judge. If a defensive asylum application is not approved, the applicant will be ordered removed/deported from the United States unless they have other relief available to them.

Work Authorization
To apply for work authorization with a pending asylum application, the applicant must file an asylum application and have it pending for at least 150 days with no delays caused by the applicant. After 150 days, if the application is still pending, the applicant can file an Application for Employment Authorization (I-765), and it is recommend to file ASAP to get the work authorization approved as quickly as possible. The initial I-765 has no filing fees, but to renew employment authorization, the applicant must either pay the USCIS filing fee or qualify for a fee waiver.