Did you know that any immigrant “may apply for asylum with USCIS, regardless of your immigration status?”
That is right – even if you are in the United States illegally.
There are only three rather broad conditions for applying for asylum in an “Affirmative” or “non-adversarial” process if a person is already residing in the United States.
- You generally may not apply if you are currently in removal proceedings.
- You should apply for asylum within your first year of living in the U.S.
- You may be able to demonstrate that you qualify for an exception to #1 and #2.
Typical exceptions include (from the U.S. Citizenship and Immigration Services):
- Circumstances materially affecting your asylum eligibility for asylum have changed, including
- Changes in conditions in your country of nationality or, if you are stateless, your country of last habitual residence
- Changes in applicable U.S. law and activities you become involved in outside the country of feared persecution that place you at risk
- If you were previously included as a dependent in someone else’s pending asylum application, the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21.
- Extraordinary circumstances relating to your delay in filing, including
- Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the one-year period after your arrival in the U.S.
- Legal disability, such as your status as an unaccompanied minor or you suffered from a mental impairment, during the 1-year period after your arrival in the U.S.
It is possible to apply for asylum once a person is in removal proceedings. However, this process is known as “Defensive” and is conducted in court. The “Affirmative” process spoken of in this article is carried out as an interview with a USCIS Asylum Officer.
If you are an undocumented immigrant living in the U.S. or you wish to overstay your current visa based on a claim for seeking asylum status, we urge you to contact us at American Corporate Services, Inc. Law Office at your earliest possible convenience. Our legal staff stands ready to advise you how to navigate through the application status do that you can enjoy the freedom of living in the United States free from harm. Our staff is multi-lingual, allowing us to understand you for 100%.
Our immigration and investment expertise is available to you by our staff of immigration and immigration law experts. Contact us at www.Business-Visa-USA.com, www.Business-Visa-USA.cn, www.Business-Visa-USA.hk and www.Business-Visa-USA.ru.
As always, we welcome your input and discussions about immigration on our LinkedIn group: Business and Immigration News & Views https://www.linkedin.com/groups/8140530.
Note: Offer of services is not a guarantee of results. Every case is adjudicated on its own merits. We can help to determine your eligibility and direct you through the process.