LAW OFFICES OF ROSE H. ROBBINS

2255 Glades Road, 324 Atrium
Boca Raton, Florida 33431
Tel: (954) 946-8130


COMMITTED TO EFFICIENCY
AND VALUE
 

IMMIGRATION & NATURALIZATION

Our law firm can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal : you can be in any state, or in any country in the world.

1.) OVERVIEW OF IMMIGRATION LAW

2.) PERMANENT RESIDENCE

3.) FAMILY-BASED IMMIGRATION

4.) PERMANENT RESIDENCE THROUGH EMPLOYMENT

5.) ASYLUM

6.) TEMPORARY VISAS (WORK, STUDY, TOURIST)

7.) CONSULAR PROCESSING (OUTSIDE THE U.S.)

8.)  K VISAS/FIANCE VISAS

FREQUENTLY ASKED QUESTIONS ABOUT ASYLUM

*Who is Eligible to Apply?

Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.

You must apply for asylum within one year of your last arrival in the United States, but you may apply for asylum later than one year if there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your
failure to file within one year. These may include certain changes in the conditions in your country, certain changes your own circumstances, and certain other events. For a non-exhaustive list of circumstances that may be considered changed or extraordinary circumstances, see 8 CFR § 208.4. You must apply for asylum within a reasonable time given those circumstances. See Ineligibility to Apply for Asylum.

You will be barred from applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration Appeals, unless you demonstrate that there are changed circumstances which materially affect your eligibility for asylum. You will also be barred if you could be removed to a safe third country pursuant to a bilateral or multilateral agreement. See INA § 208(a)(2) and Ineligibility to Apply for Asylum.

*Can I Still Apply For Asylum Even If I Am Illegally in the United States?

Yes, you may apply even if you are here illegally. You may apply for asylum regardless of your immigration status as long as you file your application within one year of your last arrival or demonstrate that you are eligible for an exception to that rule based on changed circumstances or extraordinary circumstances, and that you filed for asylum within a reasonable amount of time given those circumstances.

How Does The Asylum Officer or Immigration Judge Determine If I Am Eligible for Asylum?

The Asylum Officer or Immigration Judge will determine if you are eligible by evaluating whether you meet the definition of a refugee. The definition, which can be found in section 101(a)(42)(A) of the Immigration and Nationality Act (INA), states that a refugee is someone who is unable or unwilling to return to and avail himself or herself of the protection of his or her home country or, if stateless, country of last habitual residence because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The determination of whether you meet the definition of a refugee will be based on information you provide on your application and during an interview with an Asylum Officer or at a hearing before an Immigration Judge.

The Asylum Officer or Immigration Judge will also consider whether any bars apply. You will be barred from being granted asylum under INA § 208(b)(2) if you:
Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion Were convicted of a particularly serious crime (includes aggravated felonies) Committed a serious nonpolitical crime outside the United States Pose a danger to the security of the United States Firmly resettled in another country prior to arriving in the United States (see 8 CFR § 208.15 for a definition of “firm resettlement”)
You will also be barred from being granted asylum under INA § 208 if you are inadmissible under INA § 212(a)(3)(B) or removable under INA § 237(a)(4)(B) because you:
Have engaged in terrorist activity;
Are engaged in or are likely to engage after entry in any terrorist activity (a consular officer or the Attorney General knows, or has reasonable grounds to believe, that this is the case);
Have, under any circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;
Are a representative of a foreign terrorist organization, as designated by the Secretary of State under section 219 of the INA, or a political, social, or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities;*
Are a member of a foreign terrorist organization, as designated by the Secretary of State under section 219 of the INA, or which you know or should have known is a terrorist organization;
Have used a position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities.*

*These two categories were added by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act, P.L. 107-56, October 26, 2001), which was passed in response to the September 11, 2001 terrorist attacks.

*To What Benefits May I Be Entitled After I Am Granted Asylum?

Asylees are eligible to apply for certain benefits, including an Employment Authorization Document (EAD), an unrestricted Social Security card, cash and medical assistance, employment assistance, and a Refugee Travel Document..

*Will I Be Able To Petition To Bring My Family To The United States?

If you are granted asylum, you may request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the asylum application was
pending on or after August 6, 2002) who was not included in your asylum claim and with whom you have a qualifying relationship. You must submit a Form I-730, Refugee and Asylee Relative Petition, to the Nebraska Service Center, P.O. Box 87730, Lincoln, NE 68501-7730. The Form I-730 must be filed for each qualifying family member within 2 years of the date you were granted asylum status, unless USCIS determines that this time period should be extended for humanitarian reasons. See How Do I Get My Spouse or Children Derivative Asylum Status in the United States?

*When Can I Apply To Become a Lawful Permanent Resident?

You may apply for lawful permanent resident status under INA § 209(b) after you have been physically present in the United States for a period of one year after the date you were granted asylum status. To apply for lawful permanent resident status, you must submit a separate Form I-485, Application to Register Permanent Residence or Adjust Status, for yourself and each qualifying family member to the Nebraska Service Center, P.O. Box 87485, Lincoln, Nebraska, 68501-7485. See Asylee Adjustment.

*Will I Get a Work Permit?

Asylum applicants cannot apply for employment authorization at the same time they apply for asylum. You will be authorized to work in the United States if you are granted asylum and as long as you remain in asylum status. You can also apply for work authorization before a decision is made on your claim if 150 days has passed since you filed your complete application with the Service Center and no decision has been made on your application. USCIS has 30 days to either grant or deny your request for employment.