News & Insights

1. Understanding Asylum Eligibility

To qualify for asylum in the United States, you must prove that you are unable or unwilling to return to your home country due to past persecution or a well-founded fear of persecution based on:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Key Considerations:

• Burden of Proof: You will need to provide credible evidence supporting your claim, including documentation, witness statements, or expert opinions.
• Deadline: You must file your asylum application (Form I-589) within one year of your last entry into the U.S., unless you qualify for an exception (e.g., changed country conditions or extraordinary circumstances).

2. Challenges You May Face

Maintaining Legal Status During the Asylum Process:

• Once you file for asylum, you may remain in the U.S. legally while your application is pending. However, you cannot renew your STEM OPT or F-1 visa once they expire. This could impact your ability to find work under your current visa.

Impact on Family:

• While your spouse and children can be included in your asylum application as dependents, their immigration options will also hinge on your case outcome.
• If you lose your asylum claim, the entire family may face removal proceedings.

Delays and Uncertainty:

• Asylum cases often experience significant delays. It may take years to receive an interview or a decision, leaving your family in prolonged uncertainty.

Employment Authorization (EAD):

• You can apply for a work permit (EAD) 150 days after filing your asylum application, but approval may take additional time. This delay can impact your ability to provide financial support.

Proof of Persecution:

• Collecting strong evidence of persecution can be challenging, especially if documents from your home country are unavailable or if your fear is based on future threats rather than past harm.

Dual Intent Conflicts:

• Filing for asylum could conflict with maintaining nonimmigrant status (e.g., F-1 or OPT) because asylum demonstrates intent to remain in the U.S. permanently, which is contrary to the temporary nature of nonimmigrant visas.

3. Steps to Prepare for the Asylum Process

Evaluate Your Claim:

• Determine whether your case meets the legal definition of asylum. Consulting with an immigration attorney or an accredited representative can help strengthen your case.

Gather Evidence:

• Collect documents such as:
  • Police reports
  • Medical records
  • Newspaper articles
  • Photos, videos, or affidavits from witnesses
• If certain evidence is unavailable, prepare a detailed explanation of why it cannot be obtained.

Include Your Family:

• Ensure your spouse and children are listed as derivatives in your application so they can benefit if your asylum is granted.

Prepare Financially:

• Plan for delays in employment authorization and the potential end of your STEM OPT status. Look into community resources, legal aid, or scholarships that might support your family during this time.

Stay Informed About Your Rights:

• Once you file for asylum, you cannot be removed from the U.S. while your application is pending. This gives you time to prepare for work authorization and other benefits.

4. Alternatives If Asylum Is Denied

Appeal or Motion to Reopen/Reconsider:

• File an appeal with the Board of Immigration Appeals (BIA) or ask for your case to be reconsidered.

Voluntary Departure:

• Request permission to leave the U.S. voluntarily to avoid a formal removal order.

Seek Other Immigration Options:

• Consider whether you qualify for other visas, such as employment-based sponsorship (e.g., H-1B), or Temporary Protected Status (TPS) if available.