Asylyum Protected Status

What is Asylum?

Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a refugee and are not barred from either applying for or being granted asylum, and eventually to adjust their status to lawful permanent resident.

Asylum may be granted to a refugee who is already in the United States and is unable or unwilling to return his or her home country because of persecution or a well-founded fear of persecution on account of race, religion, and nationality, membership in a particular social group or political pinion. If a person is granted asylum, he may be allowed to live and work in the United States. He will also be able to apply for permanent resident status one year after he is granted asylum.

A refugee is defined as a person outside of his or her country of nationality who is unable or unwilling to.
One can apply for asylum regardless of immigration status, which means, even if he is illegally in the United States.


To be eligible for asylum in the United States, one must
  • ask for asylum at a port-of-entry or
  • file an application within one year of arrival in the US,
  • One can ask later than one year if conditions if one's country have changed or if personal circumstances of someone have changed within the past year prior to his asking for asylum and those changes have affected his eligibility for asylum
  • In extra-ordinary circumstances which prevented to apply for asylum within the stipulated one year.
Spouse and unmarried children under the age of 21 who are with the applicant at the refugee interview will be given refugee status. Otherwise, they have to file a Refugee/Asylee Relative Petition separately for each of the family members.

Application and Interview

The eligibility will be based on information one provides on his application and during an interview with an Asylum Officer or immigration Judge.
The steps that refugee applicants follow before their eligibility interviews with USCIS officers vary.

  • " Many applicants are referred to the United States Refugee Program (USRP) for resettlement consideration by officials of the United Nations High Commissioner for Refugees (UNHCR).
  • A smaller number are referred by a U.S. Embassy or Consulate.
  • Other applicants are eligible to apply for the USRP directly because they are of nationalities designated as being of special humanitarian concern and in processing priorities eligible for resettlement consideration.

Non-governmental processing agencies carry out most part of the preparation case-work for USCIS interviews. These agencies

  • Interview applicants;
  • Help prepare the applications for the USCIS, and
  • Arrange medical examinations.

A personal interview is held by an USCIS officer and such interviews are designed to elicit information about the applicant's claim for refugee status.
Such of those applicants who are found eligible for refugee status must satisfy medical and security criteria and must be assigned to a sponsor assurance. If the refugee is unable to finance his or her transportation costs, he may be eligible for a travel loan, whereby s/he must agree to repay the cost of the airfare.

Adjustment to Permanent Residency

No limits are set on the number of individuals who may be granted asylum in the United States. Those who are granted asylum should stay at least for one year before they apply for permanent status.

The application has to be filed in Form I-485 along with prescribed fee, fingerprint fee, 2 photos and a score of other documents. It is very essential to meet the appointment schedule as otherwise the applicant faces the risk of immediate deportation.

Traveling outside the United States

People, who are applying for asylum and want to travel outside the United States, must receive advance permission before they leave US in order to return to the United States. This is called Advance Parole. Without obtaining Advance Parole, such applicants may not be permitted to return to the US. If the application for asylum is granted, one can apply for a Refugee Travel Document, which allows traveling out and coming back to US.

Work Permit

Asylum applicants cannot apply for employment authorization at the same time they apply for asylum. Rather, one should wait 150 days after the USCIS receives a complete application before he can apply for employment authorization. The USCIS has 30 days to either grant or deny your request for employment.

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Cbp Responds To Hurricane Dolly
Today At The News Conference Held At The Federal Emergency Management Agency, Jayson Ahern, Cbp Deputy Commissioner Said, "U.S. Customs And Border Protection (Cbp) Currently Is Maintaining Normal Border Security Operations At And Between Our Ports Of Entry In The Impacted Area Of The Border. We Have Established Our Lead Field Coordinator, Which Is Chief Ron Vitiello, Our Local Border Patrol Sector Chief. We Also Are Actively Maintaining Liaison Officers At Local, State And Fema Command And Coordination Centers In Order To Most Effectively Commit Our Resources To Those Agencies And Individuals In Need. We Have Approximately 3,500 Employees Who Are Living In The Impacted Area And Who Continue To Work Toward Keeping Our Country Safe.

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Dhs Announces 12Month Extension Of Tps For Nationals Of Burundi
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Bcis Officially Changes To Uscis
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Over 50,000 Refugees Admitted In Fy 2004
Through The U.S. Resettlement Program, The United States Admitted 52,875 Refugees Representing More Than 40 Nationalities During Fiscal Year 2004 Representing More Than An 85% Increase Over The Number Of Refugees Admitted In Fiscal Year 2003.

Cap Count For H1b And H2b Workers For Fiscal Year 2009
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Uscis To Issue Twoyear Employment Authorization Documents
U.S. Citizenship And Immigration Services (Uscis) Announced Today That Beginning On June 30, 2008 It Will Issue Employment Authorization Documents (Ead) Valid For Two Years.

Filing Instructions For Petition For Alien Relative Revised
The U.S. Citizenship And Immigration Services (Uscis) Has Revised The Filing Instructions For The Petition For Alien Relative (Form I130). Effective Immediately, All Petitioners Filing Standalone Form I130s Must File Their Petitions With The Chicago Lockbox Instead Of A Uscis Service Center. A Uscis Update Was Issued On Nov. 30, 2007, Encouraging Petitioners To File With The Chicago Lockbox While The Form Was Being Revised.

Uscis To Terminate Fingerprint Contract With Dleas
On October 1, 2004, Uscis Will Terminate Its Contract With Designated Law Enforcement Agencies (Dleas), Where Some Immigrants In Rural Locations Have Gone For Fingerprint Services. The Dlea Contract Is Ending As Uscis Strives To Meet New Biometric Standards, Including The Ability To Take And Store Electronic Fingerprints, Photographs And Signatures.

Ask The Uscis For A Fee Waiver
Generally, The Uscis Has Discretion To Waive The Filing Fees For An Application, Petition, Motion Or Request If The Applicant Establishes That He Is Unable To Pay The Fee.

Illinois Law Prohibiting The Use Of Everify Further Suspended
The State Of Illinois Has Agreed To Delay Until April 15, 2008 The Implementation Of A New Law That Would Prohibit Employers From Using The Federal Government's Everify Employment Eligibility Verification System. The Law Was To Become Effective On January 1, 2008.

Dhs Under Secretary Discusses Us Visit Expansion
Dhs Under Secretary Has Stressed That "One Of Our Highest Priorities At Us Visit Is To Make Sure That The United States Continues To Be A Welcoming Nation And That Travelers Continue To Come To The United States, Whether For Business, Vacation Or Study.

Congress Passes L1 And H1b Reform Law
The Fiscal Year 2005 Omnibus Appropriations Bill Was Approved By Both The House And Senate On November 20, 2004. The Bill Introduces Many Changes In The Existing Provisions Relating To Work Visas, Such As: Restoration Of Oneyear Experience Requirement For L1 Blanket Entrants; Reinstitution Of H1b Fee And H1b Dependent Attestations, Introduction Of A New Antifraud Fee On L1s And H1bs; And Opening Up More H1bs For Certain Applicants.

Naturalization Case Processing Time Updated By Uscis
The U.S. Citizenship And Immigration Services (Uscis) Announced Today That It Will Finish More Than One Million Naturalization Cases During Fiscal Year 2008 - Far Exceeding The Number Of Cases Completed Last Year. This Update Comes Following A Thorough Analysis Of The Work Completed During The Last Six Months.

Get Geared For The H1b Season
We Bring To You First Hand Insight Into The "Talk Of The Town": H1b Quota And All The Preparation And Paper Work That The Companies Are Getting Ready With This Year.

Infopass Launched In Detroit
Calling Infopass A Customer Service Milestone, U.S. Citizenship And Immigration Services (Uscis) Today Formally Opened The Internetbased Appointment System To Residents Of The Detroit Area).

Uscis Releases New Edition Of Form I9
U.S. Citizenship And Immigration Services (Uscis) Released An Updated Version Of Form I9, The Employment Eligibility Verification Form. The June 5, 2007 Edition Of The Form Is Set To Expire On June 30, 2008 And Is Replaced By The New Form Dated June 16, 2008. The New Version Contains No Substantive Changes From The Previous Edition.

Passport Requirements For Air Travel
Starting January 23Rd, 2007, The Citizens Of The United States, Canada, Mexico, And Bermuda Will Be Now Required To Present A Passport To Enter The United States While Arriving By Air From Any Part Of The Western Hemisphere.

Can I-485 Be Filed While I-130 Is Pending?
I Came To The Us On A B-2 Visa. Got Married Here And My Wife Filed For I-130. So Far Haven't Even Received The Notice Of Action. I Wanted To Ask If We Could File The I-485 While The I-130 Is Pending? I Know We Should Have Filed Concurrently But Didnt Realize It At The Time. Appreciate The Help!

Bush Okays Biometric Passport Deadline Extension
The United States Has Extended The Deadline By An Year For Visafree Countries To Start Issuing Passports With Biometric Indicators, Carrying Digitally Encoded Records Of The Bearer, Which Can Be Scanned By A Computer. According To The Programme, Citizens From 27 Countries Can Travel To The United States Without Visas, But Must Carry A Passport With Biometric Indicators. The Extension Of The Deadline Will Give These Countries Time Until October 26, 2005 To Issue New Passports.