What is asylum, and who qualifies for it?

Asylum is a form of protection offered to individuals who have fled their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. To qualify, you must demonstrate that you meet these criteria and cannot safely return to your home country. Working with an immigration attorney is critical to effectively present your case and maximize your chances of approval.

How do I apply for asylum in the U.S.?

You can apply for asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to U.S. Citizenship and Immigration Services (USCIS). It’s important to file within one year of your arrival in the U.S. Seeking legal assistance early in the process can help avoid costly mistakes and ensure your application is submitted correctly and on time.

What is the deadline to apply for asylum in the U.S.?

You must generally apply for asylum within one year of entering the U.S. Exceptions may apply if there are significant changes in your circumstances or conditions in your home country. A skilled attorney can help you identify these exceptions and build a strong case if your application is filed after the deadline.

Can I work while my asylum application is pending?

You cannot apply for work authorization at the same time as your asylum application. However, if your asylum case has been pending for at least 150 days, you can apply for a work permit (Form I-765) while waiting for a decision on your asylum application. An experienced lawyer can help you file the correct paperwork, minimizing delays in getting your work authorization.

What happens if my asylum application is denied?

If your asylum claim is denied and you are in the U.S. without lawful status, you may be placed in removal (deportation) proceedings. During this process, you can request another chance for asylum before an immigration judge. Having legal representation at this stage is critical—your attorney can advocate on your behalf and help prevent deportation.

Can I include family members in my asylum application?

Yes, you can include your spouse and unmarried children under 21 in your asylum application if they are present in the U.S. If asylum is granted, they will also be eligible for protection. An attorney can ensure all family members are properly included and meet the eligibility criteria.

How long does it take to get a decision on my asylum application?

Asylum processing times can vary greatly. Initial decisions through USCIS typically take several months, but cases referred to immigration court may take years to resolve. Work permits can help sustain applicants during this period. A knowledgeable attorney can help keep your case moving forward and address any potential delays.

Can I travel outside the U.S. while my asylum application is pending?

While your asylum case is pending, you should avoid traveling outside the U.S. If travel is necessary, you must apply for a travel document (Advance Parole) using Form I-131. Exiting the U.S. without this may jeopardize your case. Your attorney can help you navigate travel restrictions and secure the necessary documents without risking your asylum application.

What happens if I’m granted asylum?

If your asylum application is approved, you will be allowed to remain in the U.S. and may apply for a green card (permanent residency) after one year. You will also be eligible to work legally and apply for certain public benefits. An attorney can guide you through the next steps, including applying for permanent residency and ensuring your rights are fully protected.

How does credible fear play a role in seeking asylum?

If you arrive at the U.S. border without valid documents, you may undergo a "credible fear" interview. This interview determines whether you have a significant possibility of establishing eligibility for asylum. If successful, you can proceed with your asylum claim. An experienced immigration attorney can help prepare you for the credible fear interview and support your asylum claim from the very beginning.

As an Affirmative Asylum applicant, when will I need to be fingerprinted?

Applicants aged 12 years and 9 months and older will receive a notice to visit an Application Support Center or an authorized Designated Law Enforcement Agency to have their fingerprints taken. Once USCIS receives your completed Form I-589, you will also receive a notice for fingerprinting. You are exempt from any fingerprint or biometric fees. Your fingerprints will be sent to the Federal Bureau of Investigation (FBI) for a background and security check, and the FBI will send the results back to USCIS.

Do not submit a completed fingerprint card (FD-258) or any fingerprint fee with your application. Your application will be accepted without the fingerprint card. If you submit a completed fingerprint card with your application on or after March 29, 1998, it will be rejected, and you will need to be re-fingerprinted by USCIS.

If you are requesting derivative asylum status for your spouse and children, they will also need to be fingerprinted if they are between 12 years and 9 months and 79 years of age.

What Will Happen at My Affirmative Asylum Interview?

The interview will typically last at least an hour, though the duration may vary based on the specifics of your case. You will be asked to take an oath to tell the truth during the interview, and if you have an interpreter, they will also take an oath to interpret accurately and truthfully.

The asylum officer will start by verifying your identity and asking basic biographical questions. They will then inquire about the reasons for your asylum application. While discussing the traumatic experiences that led you to leave your country may be difficult, it is crucial to share these details so the asylum officer can assess your eligibility for asylum. The officer will also ask questions to determine if there are any bars to your asylum application.

The information you provide during the interview is protected under confidentiality provisions outlined in 8 CFR § 208.6. Generally, details regarding your asylum claim cannot be shared with third parties without your written consent or specific authorization from the Secretary of Homeland Security. However, there are certain exceptions to this confidentiality, as specified in the regulations.

At the end of the interview, you and your attorney or representative, if present, will have the opportunity to make a statement or add any additional information. Please note that a decision regarding your case will not be made during the asylum interview.

To find out the date and time of your USCIS interview, do the following:

1. Log in to your USCIS online account regularly to stay up-to-date on important information, such as interview dates.

2.  Watch out for any appointment notices. Once USCIS schedules your interview, they will send you a notice with all the details, such as the date, time, and location of your interview. 

3. Watch out for any letters from USCIS in your mailbox. Interview notices are also sent by mail. 

In case you haven’t received your appointment notice or if you want to know more about your scheduled date of interview, contact USCIS.

1. What is a family visa?
A family visa allows foreign nationals to live in the United States based on their familial relationship with a U.S. citizen or lawful permanent resident.

2. Who qualifies for a family visa?
Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) and certain family members of permanent residents (spouses and unmarried children) qualify for family-based visas.

3. What is the difference between an immediate relative visa and a family preference visa?
Immediate relative visas (IR) are for close family members of U.S. citizens and have no annual cap. Family preference visas (F) are for more distant relatives and are subject to annual limits.

4. How long does the family visa process take?
Processing times vary depending on the type of family visa and the country of origin. Immediate relative visas typically take less time, while family preference visas may take several months to years due to visa availability.

5. Can I bring my spouse and children with me?
Yes, if your family members qualify for a family-based visa, you can petition for your spouse and children to come to the U.S. as dependents.

6. Can a green card holder sponsor their family?
Yes, lawful permanent residents (green card holders) can sponsor their spouses and unmarried children for family visas, but they cannot sponsor parents, married children, or siblings.

7. How do I apply for a family visa?
You must file a Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to begin the process. Once the petition is approved, the case is transferred to the National Visa Center (NVC) for further processing.

8. Can I work or study while my family visa is being processed?
You may be eligible to apply for work authorization or a student visa, but eligibility depends on your current visa status. Speak with an immigration attorney for personalized guidance.

9. Do family members have to attend interviews?
Yes, most family visa applicants are required to attend an in-person interview at a U.S. embassy or consulate as part of the visa process.

10. Can I travel outside the U.S. while my family visa is pending?
If you are applying from within the U.S., you may need to obtain advance parole before traveling abroad. If you leave without proper authorization, your visa application could be considered abandoned.

11. What happens if my family visa application is denied?
If your application is denied, you will be informed of the reason and whether you have the option to appeal the decision or reapply. Consulting an immigration attorney can improve your chances in such cases.

12. Can my family visa be expedited?
In certain cases, such as medical emergencies or urgent humanitarian reasons, you may request expedited processing of your family visa. Approval for expedited processing is not guaranteed.

1. What is a fiancé visa (K-1 visa)?
A fiancé visa (K-1 visa) allows a foreign national engaged to a U.S. citizen to enter the United States for the purpose of getting married. The marriage must occur within 90 days of entry, after which the foreign spouse can apply for a green card.

2. Who is eligible for a fiancé visa?
To be eligible for a K-1 visa:

• One partner must be a U.S. citizen (not a green card holder).

• Both partners must be legally free to marry.

• The couple must intend to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.

• The couple must have met in person at least once in the two years prior to filing the petition, with some exceptions.

3. How long does the fiancé visa process take?
The process can take several months. The timeline includes the approval of the initial petition (Form I-129F), processing at the National Visa Center (NVC), and scheduling a visa interview at the U.S. embassy or consulate in the foreign fiancé(e)’s home country.

4. Can my children come with me on a fiancé visa?
Yes, your unmarried children under the age of 21 can apply for a K-2 visa as your dependents and accompany you to the U.S.

5. What happens after my fiancé(e) arrives in the U.S.?
After arriving in the U.S. on a K-1 visa, you must get married within 90 days. Once married, the foreign spouse can apply for permanent residency (green card) by filing for adjustment of status (Form I-485).

6. Do I need to prove my relationship to get a fiancé visa?
Yes, you must provide evidence of your genuine relationship, such as photos, travel records, correspondence, and affidavits from family and friends, as well as proof that you have met in person in the last two years.

7. Can a green card holder sponsor a fiancé(e) for a K-1 visa?
No, only U.S. citizens can sponsor a fiancé(e) for a K-1 visa. Green card holders must marry the foreign partner outside the U.S. and then apply for a spousal visa (CR-1 or IR-1).

8. Can I work on a fiancé visa?
You cannot work immediately upon arriving on a K-1 visa. However, once you marry and file for adjustment of status, you can apply for a work permit (Employment Authorization Document).

9. What happens if we don’t get married within 90 days?
If you do not marry within 90 days, your fiancé(e) must leave the U.S. The K-1 visa cannot be extended, and staying beyond the 90 days can lead to deportation and future immigration complications.

10. What is the cost of a fiancé visa?
The cost includes the filing fee for Form I-129F, the visa application fee, and potential medical exam and travel costs. Additional fees may apply when adjusting status to permanent residency.

11. Can I apply for a fiancé visa if I haven’t met my fiancé(e) in person?
In general, you must meet your fiancé(e) in person at least once within the two years before filing. However, exceptions may be granted for cultural or religious reasons or extreme hardship.

12. Can I expedite my fiancé visa?
In limited circumstances, you can request expedited processing for a fiancé visa if you can demonstrate urgent humanitarian reasons or other compelling factors. Approval for expedited processing is not guaranteed.

13. What documents are needed for the fiancé visa?
The documents required include:

• Form I-129F (Petition for Alien Fiancé(e))

• Proof of U.S. citizenship for the petitioner

• Evidence of a genuine relationship (photos, communication, travel records)

• Proof that the couple has met in person within the past two years

• Passport-sized photos, proof of financial support, and other relevant documents.

14. Can I travel outside the U.S. while on a K-1 visa?
Once in the U.S. on a K-1 visa, you cannot leave and return without special permission (advance parole). Leaving the country without it may result in the abandonment of your visa status, and you may not be allowed to return.

15. What happens if my fiancé visa is denied?
If your K-1 visa is denied, you will receive a notice explaining the reason. You may be able to appeal the decision or reapply, depending on the circumstances. Consulting with an immigration attorney can help in these situations.

16. Can same-sex couples apply for a fiancé visa?
Yes, same-sex couples are eligible for the K-1 visa, provided they meet the same requirements as opposite-sex couples, including a bona fide relationship and intent to marry within 90 days.

1. What is an employment visa?
An employment visa allows foreign nationals to work in the United States on a temporary or permanent basis. There are various types of employment visas depending on the type of job and the qualifications of the worker.

2. What types of employment visas are available?
There are many types, but the most common are:

• H-1B Visa: For skilled workers in specialty occupations.

• L-1 Visa: For intracompany transferees.

• E-2 Visa: For treaty investors and employees.

• O-1 Visa: For individuals with extraordinary ability or achievements.

• EB-2 and EB-3 Visas: For permanent workers based on employment skills.

3. What is the H-1B visa?
The H-1B visa is for skilled professionals in specialty occupations such as IT, engineering, medicine, and education. The employer must petition on behalf of the foreign worker, and there is an annual cap on the number of H-1B visas issued.

4. How long does it take to get an employment visa?
Processing times vary depending on the type of visa and the country of origin. For H-1B visas, processing can take several months, while permanent employment visas (such as EB-2 or EB-3) may take a year or more.

5. Can I apply for an employment visa on my own?
Most employment visas require sponsorship from a U.S. employer, meaning you cannot apply on your own. However, certain categories like the O-1 visa (extraordinary ability) and some self-petition options under the EB-2 National Interest Waiver (NIW) category allow for self-petitioning.

6. How long can I stay in the U.S. on an employment visa?
The duration of stay depends on the type of visa. For example:

• H-1B visa: Initially for 3 years, with the possibility of an extension up to 6 years.

• L-1 visa: 1-3 years initially, with extensions possible.

• Permanent employment visas (such as EB-2 or EB-3) allow you to stay indefinitely after obtaining a green card.

7. Can I change jobs while on an employment visa?
Changing jobs depends on the visa type. Some visas, like the H-1B, are tied to a specific employer, so you would need a new petition from a new employer. Other visas, like the O-1, may offer more flexibility. Always consult an attorney before switching jobs.

8. Can my spouse and children join me on an employment visa?
Yes, most employment visa holders can bring their spouse and unmarried children under 21 as dependents. For example, H-1B holders’ spouses can apply for H-4 visas, and L-1 holders’ spouses can apply for L-2 visas.

9. Can I apply for a green card while on an employment visa?
Yes, certain employment visas (like H-1B and L-1) allow you to pursue permanent residency (green card) while in the U.S. This is known as dual intent, and many visa holders apply for green cards through the employment-based green card process (EB-1, EB-2, EB-3).

10. Do I need a job offer to apply for an employment visa?
Yes, most employment visas require a valid job offer from a U.S. employer who will act as your sponsor. The employer must demonstrate that they are hiring you for a legitimate position and that you meet the qualifications.

11. What is the PERM labor certification?
PERM is the process employers must go through to prove there are no qualified U.S. workers for the job before sponsoring a foreign worker for an EB-2 or EB-3 green card. It involves advertising the position and demonstrating the hiring need to the Department of Labor.

12. What happens if my employment visa is denied?
If your visa application is denied, the reason for denial will be provided, and you may be eligible to reapply or appeal the decision. Consulting with an immigration attorney can help identify what went wrong and improve your chances in future attempts.

13. Can I expedite my employment visa application?
In some cases, premium processing is available for certain employment visas (such as the H-1B), which guarantees faster processing for an additional fee. However, this doesn’t apply to all visa categories.

14. What is the cap on H-1B visas?
The H-1B visa has an annual cap of 85,000 visas: 65,000 for regular applicants and 20,000 for applicants with advanced degrees from U.S. institutions. If the number of applicants exceeds the cap, a lottery system is used.

1. What is a green card?
A green card, officially known as a Permanent Resident Card, allows foreign nationals to live and work permanently in the United States. It also serves as evidence of your lawful permanent resident (LPR) status.

2. What are the ways to get a green card?
You can apply for a green card through several pathways, including:

• Family Sponsorship: Through a U.S. citizen or lawful permanent resident relative.

• Employment Sponsorship: Through a U.S. employer.

• Asylum or Refugee Status: After one year of living in the U.S. as a refugee or asylee.

• Diversity Visa Lottery: For citizens of countries with low immigration rates to the U.S.

• Special Programs: Such as for victims of human trafficking or crime (T and U visas).

3. What is the difference between a green card and citizenship?
A green card gives you permanent residency status, but you remain a citizen of your home country. Citizenship grants you all the rights of a U.S. citizen, including the right to vote, run for public office, and apply for U.S. passports.

4. How long does it take to get a green card?
Processing times vary depending on the category of green card, the country of origin, and visa availability. Family and employment-based green cards can take anywhere from months to several years.

5. Can I work while waiting for my green card?
Yes, you can apply for a work permit (Employment Authorization Document, or EAD) while your green card application is pending if you are applying from within the U.S. through adjustment of status.

6. What is the difference between consular processing and adjustment of status?

• Adjustment of Status: For applicants already in the U.S., allowing them to apply for permanent residency without leaving the country.

• Consular Processing: For applicants outside the U.S. who apply at a U.S. embassy or consulate in their home country.

7. How long is a green card valid?
A green card is typically valid for 10 years, after which it must be renewed. Conditional green cards (usually granted through marriage) are valid for 2 years and must be converted to a permanent green card before expiration.

8. Can I lose my green card?
Yes, you can lose your green card if you:

• Commit certain crimes.

• Fail to notify the U.S. government of address changes.

• Abandon your residency by staying outside the U.S. for extended periods without proper authorization.

• Engage in fraudulent activities.

9. Can I apply for U.S. citizenship with a green card?
Yes, most green card holders can apply for U.S. citizenship after 5 years of continuous residence (3 years if married to a U.S. citizen), provided they meet all eligibility criteria.

10. Can my family members get green cards if I have one?
Yes, certain family members may be eligible to apply for green cards based on your permanent resident status, including your spouse and unmarried children under 21.

11. What is the cost of getting a green card?
The fees depend on how you are applying. For family-based green card applications, the cost includes the petition filing fee (Form I-130) and other associated costs, such as biometrics, medical exams, and potential legal fees.

12. What is the Diversity Visa (DV) Lottery?
The Diversity Visa Lottery, or Green Card Lottery, is a program that provides up to 50,000 green cards annually to individuals from countries with low immigration rates to the U.S. The application is free, but winners must still meet eligibility requirements.

13. Can I travel outside the U.S. while my green card application is pending?
If you are applying through adjustment of status, you must apply for Advance Parole before traveling. Without this, leaving the U.S. could result in the abandonment of your green card application.

14. What happens if my green card application is denied?
If your green card application is denied, you will receive a notice explaining the reason for denial. You may be eligible to appeal the decision or file a motion to reopen or reconsider. An immigration attorney can help you explore your options.

15. Do I need a medical exam to get a green card?
Yes, a medical examination is required as part of the green card application process to ensure you do not have any health conditions that would make you inadmissible to the U.S.

16. Can I sponsor other family members for green cards once I have one?
As a lawful permanent resident (green card holder), you can sponsor your spouse and unmarried children for green cards. However, only U.S. citizens can sponsor their parents, married children, and siblings.

1. What is permanent residency?
Permanent residency allows foreign nationals to live and work in the United States indefinitely. Permanent residents receive a Green Card as proof of their lawful status in the U.S.

2. How can I become a permanent resident?
There are several ways to become a permanent resident, including:

• Family Sponsorship: A U.S. citizen or lawful permanent resident can sponsor a relative.

• Employment: An employer can sponsor you through a job offer.

• Asylum or Refugee Status: If you are granted asylum or refugee status, you can apply for a green card after one year.

• Diversity Visa Lottery: The U.S. government holds an annual lottery for citizens of certain countries.

3. What is the difference between permanent residency and a visa?
A visa allows you to enter the U.S. for a temporary stay (e.g., work or study), while permanent residency allows you to live and work in the U.S. indefinitely and eventually apply for U.S. citizenship.

4. How long does it take to become a permanent resident?
Processing times vary depending on the category of permanent residency, the applicant's country of origin, and visa availability. Family- and employment-based applications can take anywhere from several months to years.

5. Can I lose my permanent residency?
Yes, you can lose your permanent resident status if:

• You commit certain crimes.

• You abandon your residency by living outside the U.S. for an extended period without proper documentation (Re-entry Permit).

• You engage in immigration fraud.

6. Can I apply for U.S. citizenship as a permanent resident?
Yes, after maintaining permanent residency for a certain period, you can apply for U.S. citizenship through naturalization. The usual requirement is 5 years, or 3 years if you are married to a U.S. citizen.

7. How long is a permanent resident card (green card) valid?
A green card is valid for 10 years and must be renewed before it expires. Conditional green cards (typically granted for marriage) are valid for 2 years and must be converted to a permanent green card.

8. Can my family join me in the U.S. once I become a permanent resident?
Yes, you can sponsor your spouse and unmarried children under 21 for green cards. The process can take time, depending on visa availability and other factors.

9. Can I travel outside the U.S. as a permanent resident?
Yes, but if you plan to stay outside the U.S. for more than 6 months, you should apply for a Re-entry Permit. Extended absences without permission may lead to the loss of your permanent resident status.

10. Do permanent residents have the same rights as U.S. citizens?
Permanent residents have many of the same rights as U.S. citizens, including the right to live and work in the U.S. However, they cannot vote in federal elections or hold certain government jobs.

11. Can I work anywhere in the U.S. as a permanent resident?
Yes, permanent residents have the legal right to work for any employer in the U.S. without needing a work visa.

12. What happens if my permanent residency application is denied?
If your application is denied, you will receive a notice explaining the reason. In some cases, you can appeal the decision or file a motion to reconsider. It's best to consult an immigration attorney for further options.

13. Can I apply for permanent residency on my own?
Yes, in some cases, you can apply for permanent residency without a sponsor. For example, if you qualify for asylum or refugee status, the EB-1 visa (for extraordinary abilities), or the EB-2 National Interest Waiver, you can self-petition.

14. What are the benefits of becoming a permanent resident?
Benefits include:

• The ability to live and work permanently in the U.S.

• Access to government benefits (such as Social Security).

• Eligibility for a green card for family members.

• The opportunity to apply for U.S. citizenship after a certain period.

15. What is the difference between conditional and permanent residency?
Conditional residency is typically granted for 2 years in cases like marriage-based green cards. After 2 years, you must apply to remove the conditions and become a permanent resident. Permanent residency is valid for 10 years and can be renewed indefinitely.