What Is Required In Order To Be Granted Asylum In The US?

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In order for a person to be granted asylum in the US, it must be shown that they have a reasonable fear of future persecution on the account of race, religion, national origin, political opinion or membership in a social group. We have to show that the conditions of the country apply to the entire country, which we do through evidence of research and reports, various interviews and witness statements. Generally speaking, the person has to file for asylum within one year of their last arrival to the United States. Under extreme circumstances, that requirement could be waived. The main bar to asylum is having a conviction of aggravated felony on your record.

When Is Adjustment Of Status To Permanent Resident A Viable Option?

Adjustment of status is a viable option if the person qualifies and has a petition ready to go forward for them. Adjustment of status is important because it results in the person adjusting their status to one of lawful permanent residency. This would allow them to gain a green card, employment and a driver’s license. In many ways, an adjustment of status is the golden chalice we seek. In order to get an adjustment of status, a person must already be eligible for a US green card. They may be eligible for a US green card through an employer or a family member. If it is based upon a petition for employment or family member, then that petition must be on file and current.

There are a few other caveats. If the person entered through a K1 fiancé visa, then they must have married the person through whom they received the visa. If their eligibility is based upon asylum, then they must have waited one year since the asylum was granted. Usually, the person must be physically present in the United States and have entered the US with permission. There are other fact-based conditions that we would be able to prove, but we can help individuals determine their eligibility by looking at their petitions or eligibility through any number of different avenues. The two main categories would be through a family member or through a qualifying job.

For more information on Asylum In The United States, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.