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The process of applying for asylum

Non-citizens living in California may be interested in some information on how to seek asylum in the United States. These rules may also allow the families of those fleeing persecution to immigrate to the country.

In order to be granted asylum in the United States, Form I-589 must be submitted to the U.S. Customs and Immigration Service. This form must be filed within a year from the date that the asylum seeker entered the country. Until the time that a final decision has been made on a person's asylum case, they may add any children under 21 years old to the application as well as a spouse.

Once asylum has been granted, the asylum seeker may apply to bring their family to the U.S. This application must be filed within two years from the granting of asylum, however. A person granted asylum may apply for permanent residency one year after the final decision in favor of asylum has been made. Each family member that has been granted asylum must file their own separate residency application.

There are many reasons that a person may be accepted after applying for asylum. These include fear of persecution based on their race, nationality, social group or other aspect of their life. Religion and political opinions are other important reasons for leaving a person's home for protected ground in the United States.

In cases where a person is seeking refugee status or asylum, an attorney may be able to help. The attorney may be able to represent the asylum seeker throughout the process, from filing the appropriate documents to attending any hearings or filing appeals. The attorney may also be able to provide defense assistance in situations where there is a threat of deportation.

Source: U.S Citizenship and Immigration Services , "Asylum ", December 02, 2014

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  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber