Even though recent policy changes have created uncertainty regarding asylum decisions, filing for asylum now is still one of the best steps you can take if you are seeking protection in the U.S. Here’s why you should not delay submitting your asylum application, even during times of pause or policy change.
What Does It Mean to File for Asylum in the U.S.? Key Steps and Process
When you file for asylum, you establish your legal right to remain in the U.S. while your case is pending. Although decisions on asylum cases may be paused or delayed, the fact that you have submitted an application is crucial to securing your legal status and protection. Asylum applicants are typically granted deferred action (protection from deportation) while their case is pending, which allows you to remain in the country legally until the case is resolved.
How Filing for Asylum Can Lead to Work Authorization in the U.S.
One of the most important benefits of filing an asylum application is that it triggers the possibility of qualifying for a work permit in the U.S. After you file, you may be eligible to apply for an employment authorization document (EAD) once your case has been pending for 180 days. Even if processing delays occur, you will have positioned yourself to receive this critical benefit once processing resumes.
Filing for Asylum Can Help You Reunite with Your Family in the U.S.
Asylum applications can sometimes serve as a gateway to bringing family members to the U.S. under certain provisions. If you are a principal applicant, filing for asylum may allow you to petition for your spouse and children to join you in the U.S. without waiting for years. Delaying your filing could unnecessarily lengthen the wait for your family to join you.
Understanding the Asylum Application Timeline
The asylum clock — which tracks the length of time your asylum application is pending — will start as soon as you submit your application. Even though decisions may be delayed, the clock will still run, which means you can eventually qualify for work authorization and other benefits. Not filing means missing out on the opportunity to begin this process.
Your Asylum Application Date Matters
Asylum applications are time-sensitive. If you wait too long to file, you may lose the ability to claim asylum under certain circumstances. Asylum applicants must file their claim within one year of their last arrival in the U.S., with few exceptions. Waiting too long could make you ineligible for asylum based on your specific circumstances.
How Changing Asylum Policies May Impact Future Applicants
As policies evolve, future applicants may face stricter requirements or a higher standard for approval. Filing now, while the rules are still somewhat predictable, could work in your favor. Early application may also help avoid future backlogs, as the current pause on asylum decisions might not last forever, and backlog reductions could be prioritized for those who file now.
Filing for Asylum Can Protect You from Persecution
Filing for asylum is often the only way to ensure protection from persecution. If you have experienced persecution or have a well-founded fear of persecution in your home country due to factors like your race, religion, nationality, political opinion, or membership in a particular social group, filing your asylum application is your legal avenue to seek safety and protection in the U.S.
Next Steps: How to File for Asylum and Get Legal Help
If you or someone you know is considering filing for asylum or needs assistance with an ongoing asylum case, it’s crucial to take action sooner rather than later. Don’t let the pause or uncertainty discourage you from filing your claim.
At Shepelsky Law Group, we have extensive experience helping individuals navigate complex asylum applications, and we’re here to help you understand your rights and the best course of action.
Take Action Now. Your Future Depends on It!
Don’t wait any longer to secure the protection you deserve. Call SHEPELSKY LAW GROUP today at (718) 769-6352 or easily schedule a direct consultation: https://shepelskylaw.cliogrow.com/book.
Let us help you navigate your asylum options and ensure you’re fully prepared for what lies ahead. Your safety and future are too valuable to delay—take the first step today!
Frequently Asked Questions about Filing for Asylum
1. How do I file for asylum in the U.S.?
To file for asylum in the U.S., you must submit Form I-589, Application for Asylum and for Withholding of Removal, to U.S. Citizenship and Immigration Services (USCIS). The application can be submitted either online or by mail. It’s important to file your asylum application within one year of your arrival in the U.S. to avoid losing your eligibility for asylum.
Learn more about how to file for asylum in the U.S.
2. What does it mean to file for asylum in the U.S.?
Filing for asylum means you are requesting protection from persecution in your home country. It establishes your legal right to remain in the U.S. while your case is being processed. While your application is pending, you may also be granted protection from deportation.
3. How much does it cost to file for asylum?
The fee for filing an asylum application is $50 for Form I-589. This fee is subject to change, and it’s important to check the USCIS website for any updates on fees. However, in some cases, the fee may be waived for applicants who cannot afford to pay.
4. Can I file for asylum after one year of arriving in the U.S.?
Typically, you must file for asylum within one year of your arrival in the U.S. However, there are exceptions to this rule, such as changed circumstances in your country of origin or extraordinary circumstances preventing you from filing within the one-year deadline.
5. What happens when you file for asylum?
When you file for asylum, your application will be processed, and you will be placed in a pending status while waiting for a decision. You may be granted work authorization after your case has been pending for 180 days. Your asylum clock will begin as soon as you submit your application.
6. How does the asylum pause affect my asylum case?
The recent pause on asylum adjudications means that decisions on asylum applications will be delayed indefinitely. This affects not only new asylum filings but also existing cases. Asylum seekers may face long delays in obtaining work permits and legal residence. If your asylum case is pending, it’s crucial to document all your filings and continue your immigration journey.
7. Who can file for asylum in the U.S.?
Any person who is physically present in the U.S. or at a U.S. port of entry can apply for asylum, as long as they meet the legal criteria, which include a well-founded fear of persecution due to factors such as race, religion, nationality, political opinion, or membership in a particular social group.
8. Can I file for asylum online?
Yes, you can file your asylum application online through the USCIS website. This option is available for individuals filing Form I-589, Application for Asylum and for Withholding of Removal.
9. Can filing for asylum help reunite my family?
Yes, filing for asylum allows you to petition for your spouse and children to join you in the U.S. This is an important benefit for asylum applicants, as it enables family reunification while your case is pending.
10. Why is legal support important when filing for asylum?
Navigating the asylum process can be complex, especially with recent changes in policies and procedures. Having legal support ensures that your application is filed correctly, increases your chances of approval, and helps you understand your rights. An experienced immigration lawyer can guide you through the process, whether you’re applying for asylum or dealing with any complications due to policy changes.