Experienced Guidance For Asylum Seekers
Applying for asylum protection in the United States is a complex process. It is well worth the difficulty for individuals and families who are unable or unwilling to return to their country of origin for fear of persecution because of their race or nationality or their religious or political beliefs.
Fok Immigration Law can help you determine if you are eligible for asylum and help you navigate the legal process for getting your asylum petition approved. Our asylum attorneys practice out of our California offices in San Jose and San Mateo and help asylum seekers nationwide and across the world.
Are You Eligible For Asylum?
If you are considering petitioning for asylum, it is important to be aware of this important deadline: you must petition for asylum within one year of entering the United States. Furthermore, you must be able to establish that you have a valid reason to pursue asylum, such as being unable or unwilling to return to your home country due to persecution or fear of persecution based on your race, your religion, your nationality, or your political affiliation or being a member of a persecuted social group. Economic hardship is NOT a valid reason to petition for asylum.
What Is The Asylum Process?
How you apply for asylum will depend on your current circumstances. The two primary types of asylum are:
- Affirmative asylum: People already in the United States on a valid visa can apply for asylum via USCIS form I-589.
- Defensive asylum: People outside the United States or without a valid visa can petition for asylum at a border crossing or other port of entry.
Asylum can be granted in as little as one to three months or sent to the courts for a lengthier process. In most cases, petitioners can remain in the United States while their asylum claim is pending. If your claim is granted, you can rely on our attorneys to help you with the next steps such as getting your green card (lawful permanent resident).