01 May Applying for Asylum in the United States
There are two types of asylum application in the United States. First is the Affirmative Asylum Application wherein any person inside and residing in the United States who is not in Removal Proceeding may apply with USCIS. The second type of Asylum application is Defensive application. This will happen when a person is charged with inadmissibility ground and will use asylum as a defense.
Most Filipinos may qualify for asylum based on persecution by the government, based on abuse and based on threat to life by the New People’s Army. Substantial proof of threat to life must be provided to qualify.
What are the bases of asylum claim?
To be eligible for asylum in the United States, you must demonstrate that you have been persecuted or have a fear of persecution in your home country due to your race, religion, nationality, social group, or political opinion. You must also be inside the United States and prepare an application within one year of your arrival. You should supplement your application with evidence proving your claim, such as: Your own testimony, Statements by witnesses, Newspaper and other reports discussing your case or the human rights situation in your country, and Expert witness statements.
What are the instances that you may not be eligible for asylum?
You may not be eligible for asylum if:
- You have been convicted of a particularly serious crime in the United States
- You have been firmly resettled.
- You are a danger to the security of the United States
According to nypost.com, asylum seekers are three times more likely to be approved in California or New York than in Texas or Florida.
What is the filing deadline for asylum?
You must file your asylum claim within one year of your arrival to the United States. If you filed late, you will only be qualified for Withholding of Removal.
Is there a filing fee for asylum?
No, there is no filing fee for asylum.
Will I get a work permit?
If your asylum claim is not acted upon within 180 days, you may file an application for work permit.
What happens if the USCIS denies the application?
You may renew your asylum application with the Immigration court for a second chance.
Note: This is not a legal advice.
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If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.