The affirmative asylum means that you are not in removal proceedings and the defensive asylum means that you are in removal proceedings. It means the US government has initiated the removal proceedings to determine whether the person can stay in the United States or should be removed.
If you're detained at a U.S. entry point or caught by U.S. Immigration and Customs Enforcement (ICE) for living in the U.S. without proper authorization, it's important to fill out and submit Form I-589, Application for Asylum and for Withholding of Removal. This form helps you apply for asylum. However, if you're already in a court process because the U.S. Citizenship and Immigration Services (USCIS) referred your case, you may or may not file a new asylum application. However, seeking guidance from an attorney in this situation is highly advisable.
Make sure to file it within one year of arriving in the U.S. There are some exceptions to this one-year rule, which include:
As an asylum seeker, you must apply for asylum within one year after the last entry into the United States. However, if you miss the deadline, you may still be eligible to apply for asylum under two exceptions:
Exception 1: Changed Circumstances
The one-year filing deadline may be excused if the applicant's circumstances have changed. They may include, but are not limited to:
Exception 2: Extraordinary Circumstances
There are many extraordinary circumstances that may excuse the filing delay. Those circumstances may include but are not limited to:
A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances.
As an asylum seeker, you can get married and may qualify for a green card through marriage if you marry a U.S. citizen. However, you need to answer to USCIS officer questions on why you decided to marry a US citizen while your application was pending. You must also prove that your marriage to your US citizen was legitimate, valid, and done in good faith.
When applying for asylum, the U.S. government will determine whether your fears of returning to your previous country are valid. However, it can be challenging to prove that your fears are truthful, and you may not qualify for asylum for other reasons.
Following an interview with a U.S. Citizenship and Immigration Services (USCIS) officer that results in a denial, you will need to present your case in front of a judge in immigration court. In immigration court, the judge assigned to your case will look into it and determine whether you qualify for asylum. If this results in another denial, you can begin the appeals process.
People with pending asylum applications or cases who have been waiting a long time without a decision are allowed to apply for employment authorization.
You may not be eligible to apply for asylum if you:
Yes, you can petition for the following family members:
An asylees may apply for naturalization five years after their admission to lawful permanent residence. There are other requirements that must be met, including:
The average wait time for asylum depends on where you file and whether it goes through the affirmative, defensive, or expedited process. Hundreds of thousands of pending cases and a significant backlog add to the wait time. For most asylum seekers, the wait could be years (2 to 3 years on average).
You can access the DS-260 from the Consular Electronic Application Center (CEAC) website, by going to Immigrant Visas.state.gov and clicking on "Submit Visa Application and Civil Documents," or on the website of the U.S. embassy or consulate where you will apply.
You should not bring your application with you to your interview. The interviewing officer will have full access to review your application online.
A "high school education or equivalent" is defined as successful completion of a 12-year course of elementary and secondary education. Only formal courses of study meet this requirement; correspondence programs or equivalency certificates (such as the General Equivalency Diploma ([G.E.D.]) are not acceptable. To find if your occupation may qualify you for a Diversity Visa, see the Department of Labor O*Net Online Database.
There is no minimum age to apply for the Diversity Visa program.
Yes, you may enter the green card lottery from anywhere, including from within the U.S.
The winners of the green card lottery are generally notified 7 months after applying. It can take up to 14 months to for the government to schedule your interview and issue your visa, depending on how soon you apply for your visa.
Yes, each spouse may submit their own Diversity Visa entry. If one of the spouses is selected, then the other spouse will qualify for a green card as your dependent.
There is no fee to enter the Diversity Visa lottery. However, if you are selected and choose to apply for a Diversity Visa, you will need to pay the mandatory green card application fees.
Petitioners residing outside of the United States may file Form I-130, Petition for Alien Relative , online at USCIS or by mail to the USCIS Dallas Lockbox addresses. Petitioners can also request to file for their immediate relatives at a U.S. Embassy or Consulate in certain limited circumstances described by USCIS.
An Affidavit of Support (Form I-864) is a document that must be filed by U.S. citizens and Lawful Permanent Residents who sponsor relatives as immigrants. If the income of sponsor is insufficient, another person can serve as a joint sponsor. After the financial sponsor(s) completes the Affidavit of Support form, they should gather evidence of their finances and other supporting documents.
You, your spouse, and any qualified unmarried children immigrating with you must participate in the interview. Applicants under the age of 14 are not required to attend the interview. However, if an applicant has turned 14 before the interview, they must appear.
You must bring the following documents to the interview:
You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States.
When you file a proper petition for a family-based immigrant visa, USCIS will review your petition to ensure you have the requisite status to file and that you have established a qualifying relationship with the beneficiary. If approved, USCIS will send you an approval notice that includes the priority date, the section of law for the beneficiary’s immigrant classification, and confirmation of the beneficiary’s intent to either consular process or adjust status. If there is an error or missing information on the approval notice, you should notify USCIS.
Yes, a beneficiary of an approved petition can apply for an immigrant visa through the consular process with the Department of State (DOS) while outside the United States. In such cases, USCIS will forward the petition to the DOS’s National Visa Center (NVC).
Beneficiaries already in the United States can apply for permanent residency through the adjustment of status process. In these cases, USCIS retains the approved family-based immigrant visa petition for adjustment of status processing, depending on the beneficiary’s intent, location, and eligibility for adjustment of status.
Yes, as a petitioner, you must inform USCIS of the beneficiary’s current address and whether the beneficiary will consular process with DOS or adjust status in the United States. Providing accurate information allows USCIS to properly route the petition to DOS or retain the approved petition. Failure to provide accurate information can lead to delays in the immigrant visa or adjustment of status process.
If you do not inform USCIS whether the beneficiary will adjust status or consular process, USCIS will decide whether to send the petition to the NVC or retain it for adjustment of status processing based on evidence of the beneficiary’s most recent location, including the address provided on the petition.
If USCIS retains your petition based on inaccurate information for adjustment of status processing but your petition needs to be sent to the NVC for consular processing, you should file an Application for Action on Approved Application or Petition (Form I-824) with the required fee to transfer the petition.
You, your fiance(e), and your fiance(e)s eligible children applying for K-2 visas, will be required to bring the following forms and documents to the visa interview:
Documents in foreign languages, other than the language of the country in which the application takes place, should be translated.
Certain conditions and activities may make your fiance(e) ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If your fiance(e) is ineligible for a visa, he or she will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is.
The K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. If you fail to marry within 90 days, your fiance(e) and his or her children must leave the United States at the end of the 90 days. However, if you marry your fiance(e) after the 90-day period, you may file a Form I-130, Petition for Alien Relative.
Children of your fiance(e) are eligible on a K-2 nonimmigrant visa if they are under 21 and unmarried. You must include the names of your fiance(e)s children on the Form I-129F if you wish to bring them to the United States.
After your fiance(e) was admitted on a K-1 nonimmigrant visa, your fiance(e) may apply for work authorization by filing Form I-765, Application for Employment Authorization .
No. You can file USCIS forms yourself, including Form N-400, Application for Naturalization , which can be submitted online. However, some people choose to seek assistance from a lawyer or Executive Office for Immigration Review (EOIR)-accredited representative.
No. In addition to preparing for the reading, writing, and civics portion of the naturalization test, you will need to prepare for the speaking portion of the naturalization test and meet all other naturalization requirements.
Yes. You can legally change your name after filing your application for naturalization with U.S. Citizenship and Immigration Services (USCIS).
Yes. You should bring certain original documents to your interview. In the instructions to Form N-400, Application for Naturalization, USCIS provides an extensive list of examples of original documents that you should bring to the interview, depending on different case scenarios.
Unless you are eligible for an exception to the English or civics requirements, you will be given two opportunities to meet the English and civics requirements. If you fail any portion of these requirements, you will be retested during a new interview on the portion of the test that you failed (English or civics) between 60 and 90 days from the date of your initial interview.
There is no limit to the number of times you can apply for naturalization, but you must pay the filing fee for each Form N-400 you submit to the agency.
Yes, your spouse, as well as your unmarried minor children under age 21, may accompany you to the United States or follow to join you in the United States. Any family members age 14 or over must also attend the visa interview. What happens if the principal applicant dies after approval of the petition?
Spouses or children may, in some circumstances, still be eligible for a special immigrant visa if the COM application was submitted before the death of principle applicant and the spouse and children were listed in that application as accompanying the principal applicant.
Please bring your unexpired passport valid for six (6 months) beyond your intended date of travel and a photocopy of the biographic page, any military photo identification (if available), civilian identification badges, and originals of any civil documents, such as marriage certificates, IDs or death certificates, court and criminal records (if you have ever been convicted of a crime), including all documents that were submitted by email to the National Visa Center (NVC).
No. When preparing for your visa interview, please plan for the possibility that you may need to stay for more than one day in the city where your interview takes place. You will not be able to complete your medical examination and interview on the same day. Some medical exams may require tests with delayed results.
No. Under this particular program, there is no immigrant visa application fee. You are required to pay all costs associated with the medical examination.
No. Even if your SIV visa interview is successful, you will not receive your visa on the same day.
An attorney or other accredited representative may represent you during the SIV application process, including at relevant interviews and examinations. Such representation is not to be the expense of the U.S. government.
Once you are granted TPS, you must re-register during each re-registration period to maintain TPS.
Yes, U.S. Citizenship and Immigration Services (USCIS) will review your case to determine whether you are eligible to work before making a final decision on your TPS application.
If your application is approved, USCIS will send you an approval notice. If your application is denied, USCIS will send you a letter indicating the reason for your denial.
3377 Bethel RD SE, Str I07, #304
Port Orchard, WA 98366
Disclaimer: The content on this website is informational, and not legal advice. For professional legal consultation, please contact us at (+1) 360-390-3936 or by emailing najib@nhakimilaw.com.