Why You Should Still File for Asylum Right Now
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.
1. Filing Secures Your Legal Rights
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.
2. Work Authorization Eligibility
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.
3. Timely Filing Is Essential for Family Reunification
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.
4. The Asylum Clock Will Continue
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.
5. Your 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.
6. Changes in Policy Could Affect 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.
7. Preserving Your Safety
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.
What to Do Next?
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.
Call SHEPELSKY LAW GROUP today at (718)769-6352 or schedule a direct consultation at https://shepelskylaw.cliogrow.com/book to discuss your asylum options and ensure you are fully prepared for whatever comes next. Your safety and future are too important to delay.