How do I know if I qualify for asylum?

In order to get asylum from the United States government, an individual must have suffered persecution OR have a well-founded fear that they will suffer persecution because of race, religion, nationality, membership in a particular social group, or political opinion. An individual needs to show that the persecution was because of one of the five categories listed above. Generally, difficult economic conditions in a person’s home country are not enough to qualify for asylum in the United States.

How does the government decide if I qualify for asylum?

The government will use the information you provided in your application, your testimony in your interview or in court, and any evidence you provide as part of your application. They will also consider country condition information and what they believe to be the credibility of your claim.

What benefits does asylum grant?

If someone is granted asylum they will be permitted to remain in the U.S. and can receive a work permit to work in the United States. A person that is granted asylum can also request status for their spouse and child. This means that a person who is granted asylum may be able to bring their spouse and/or child to live with them in the United States.

In addition, a person granted asylum may apply for benefits such as a social security card, cash and medical assistance, employment assistance, and a Refugee Travel Document.

Can I include my family members on my asylum application?

You may include your spouse and your children who are in the United States on your application at the time you file. Generally, you may also decide to add them to your application at any time until a final decision is made on your case. In order to be able to include your child on your application, the child must be under 21 and unmarried. Please note that immigration law is quite complex and changes rapidly.

Is there a government fee to apply for asylum?

The United States government does not charge a fee for asylum applications.

What does the asylum application process typically look like?

Typically, an affirmative asylum application (for someone who is not in removal proceedings) begins with an asylum application to USCIS. The asylum applicant will need to have their biometrics taken, which includes a background check and fingerprints. A person applying for asylum will also typically have an interview with USCIS in order to provide testimony and answer questions about their claim.

For someone who is in deportation proceedings, the process looks different and can be quite varied from case to case. Generally, a person will in removal proceedings will need to file their asylum application with the Immigration Court and their case will proceed in court, not with USCIS. The applicant will likely be asked to attend an individual hearing where they will need to provide evidence and testimony about their claim. Asylum applications within the context of deportation defense can be very complicated, and it is in a person’s best interest to hire an attorney to represent them as soon as possible.

Please note that these are only general guidelines for how asylum cases may typically proceed. Each asylum case is unique and may follow a different process depending on the circumstances. An experienced immigration attorney can provide more information about what your unique situation will look like and what you can expect.

When will my asylum hearing be scheduled if I am in deportation proceedings?

There is no way to predict when an individual hearing will be schedule for deportation proceedings. Wait times for hearing dates vary widely from one immigration court to the next, depending on their backlog and number of judges. Some cases may be scheduled for hearing in as little as six months, and some hearings are being scheduled several years into the future.

Temporary Protected Status

What does TPS mean?

TPS stands for Temporary Protected Status. It is a status given to people who are from countries that are experiencing ongoing armed conflict, natural disasters, or other extraordinary and temporary conditions that render the country unsafe to return to.

Can I apply for TPS if I am from Mexico?

No, unfortunately TPS is not available for every country. The Secretary of Homeland Security must designate which countries are eligible for TPS. In general, countries that have received a TPS designation in recent years include Burma, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan and Sudan, Syria, Venezuela, and Yemen. Please visit the Department of Justice’s website (link) in order to learn which countries are eligible for TPS.

Who is eligible for TPS?

In order to qualify for TPS, a person must meet the following criteria:

-be a national of a country that has been granted a TPS designation

-be continuously present in the United States since the effective date of designation

-have continuously resided in the U.S. since a date specified by Homeland Security

-not be inadmissible to the U.S. or barred due to criminal or security related reasons

Is it possible to automatically get TPS?

No, nationals of a TPS designated country will not automatically receive TPS. In order to receive TPS a foreign national must register during a specified registration period and pay the associated government fees.

Does TPS status provide work authorization?

Yes, individuals who are granted TPS are authorized to work in the United States.

Can you get a green card after having TPS?

No, unfortunately TPS does not provide a pathway to lawful permanent resident status (a green card) or citizenship. Please speak to an attorney if you have questions about applying for permanent residence status after having TPS, as some recipients of TPS will not be eligible to adjust to permanent residence.

What happens when TPS ends?

Recipients of TPS status will return to the immigration status they had prior to receiving TPS. That means that if a person was undocumented prior to having TPS, they would once again be considered undocumented when the designated period was over.