For those who fear or encounter persecution based on their race, religion, nationality, membership in a particular social group, or political opinion in their countries may apply for asylum in the U.S. There are two types of asylum applications. Applicants may seek Affirmative Asylum before the U.S. begins deportation processing for the applicant. Applicants may seek Defensive Asylum after the U.S. begins the deportation processing for the applicant. Applications for asylum must be filed within one year of arrival in the U.S. 150 days after submitting the asylum application, the applicant has the right to apply for EAD, which is the authorization to work in the U.S. The applicant should remain in the U.S. during the asylum procedures in order to prevent his/her asylum application from cancellation. Travel during the pendency of asylum is only possible by prior government authorization and under limited circumstances. The adjudication for asylum cases takes a few years and varies from state to state. (For instance as of September 2016 the processing times for various offices are as follows: New York –September 2014, New Jersey -- July 2013, Virginia -January 2014, Texas - April 2014, Los Angeles - August 2011, Illinois - October 2013, Florida -May 2013, San Francisco – July 2014). If the asylum application is denied at the interview for a person who does not have a legal status in the U.S. and the case is delivered to the court for deportation processing, it might take a couple years for the person to appear in court. If the asylum case is denied for a person who has a legal status in the U.S. (F-1, H-1B, E-2, etc.) he/she does not go through court proceedings and deportation as long as he/she maintains legal status. If the asylum is granted, the applicant may file for adjustment of status within a year. Please contact our office for more information.
Remzi Guvenc Kulen Esq.
Kulen Law Firm, P.C.