Asylum FAQ

Most Popular Asylum Questions:

What Is Asylum?

Asylum is a status that if, granted, will allow it holder to apply for green card within one year of being in status. Asylum is a sort of permission to change your country of nationality and stay in the US because the filer was able to persuade the U.S. government of the judge that he will be harmed in his home country. Asylum status will allow the holder to live, work in the U.S., travel internationally and come back to the U.S. It also allows the holder to apply for certain types of public benefits (Medicaid, Food Stamps, etc.)

Can I apply for U.S. Asylum from overseas?

No. A person may apply for asylum only when he/she is physically in the U.S. or he/she is in the airport or other port of entry. In the latter scenario, the person is likely to be detained until the government officer of a judge determines that the person may win his/her asylum case and may wait for its resolution outside of the detention. A person who wishes to ask for the U.S. help overseas, must apply for a refugee status with the U.S. Consulate.

Will I be able to Work While my Asylum case is pending?

Maybe. The U.S. laws do not provide for any public assistance to those who come to the USA and ask for asylum. However, if the asylum application has been pending for 180 days, a person may (does not have to, and it is not automatic) apply for a work permit.

Will I be provided with a free attorney to represent me in asylum proceedings?

No. While a person may secure services of pro-bono organizations or hire an attorney and does have a right to bring an attorney with him/her to assist him/her in the proceedings, the law does not provide for a FREE legal representative in connection with immigration issues.

Will I be provided with a free interpreter during my asylum interview?

No. You must bring your own interpreter to your asylum interview. You will be provided an interpreter only if your case is transferred to court.

What is Asylum Clock?

Asylum clock counts how many days your application has been pending. It is important for employment authorization purposes. Asylum clock can be stopped if you, the applicant, cause delays in the asylum processes (let’s say by asking to postpone a date, etc). If the asylum clock is stopped, depending on the reason, it might be possible to file a motion to restart it.

Can I file for Asylum in I am (gay/ in opposition to my country government/practice rare religion/ belong to racial minority/etc.)

The answer to this question is that you may file, but if you win: it depends. Often it is not sufficient to show that the country where you come from is bad, you need to show that you, the applicant, is likely to suffer persecution / harm because you are gay/ in opposition to your country government/practice rare religion/ belong to racial minority/etc. For the recent decisions on different asylum questions visit our Asylum library.

What are my chances to receive an asylum in the U.S.?

Nobody will be able to answer this question without a comprehensive evaluation of your claim, family and immigration history, country conditions of the place you are coming from, any many, many other factors. You may start with requesting a consultation by filling out this Asylum Calculator Form.

Is it possible to receive asylum from a country which generally considered “not bad”?

Of course it is possible, if all the requirements for asylum claim are met. Again, you will need to consult with an attorney to determine your chances. Asylum Calculator Form.

Can I file for Asylum after a one year deadline?

Yes you can, but to learn more about it visit: Can I File My Asylum Application After the One Year Deadline?.