News & Insights

1. Eligibility for Asylum

Challenge:

• You must prove that you meet the legal definition of a refugee and demonstrate a credible fear of persecution based on one of the protected grounds.
• General fears such as crime, economic hardship, or political instability may not qualify.

Solution:

• Work closely with an experienced immigration attorney to gather evidence supporting your claim, such as:
  • Personal affidavits
  • Witness statements
  • Country condition reports
  • Documentation of threats or harm

2. Filing Within the One-Year Deadline

Challenge:

• Asylum applications (Form I-589) must generally be filed within one year of your last entry into the U.S.
• Exceptions to this rule include changed circumstances in your home country or extraordinary personal circumstances that prevented timely filing.

Solution:

• File your application as soon as possible to avoid the additional burden of proving an exception.
• Ensure your timeline aligns with INA § 208(a)(2)(D).

3. Transitioning from STEM OPT

Challenge:

• As an F-1 student on STEM OPT, your lawful status is tied to employment.
• If you lose your job or your OPT expires, your legal status will end unless you have a pending asylum application.

Solution:

• Submit your asylum application before losing your F-1 status to protect yourself from being classified as unlawfully present in the U.S.

4. Impact on Your Family

Challenge:

• While your spouse and children can be included as dependents in your asylum application, they may face challenges such as delays in obtaining work permits or social benefits.
• Additionally, they depend on your asylum application outcome for their legal status.

Solution:

• Ensure all family members are properly listed in your Form I-589.
• After filing, dependents can also apply for Employment Authorization Documents (EADs) 150 days after the application is submitted.

5. Maintaining Your Asylum Clock

Challenge:

• The “asylum clock” determines your eligibility for work authorization.
• Delays in your case due to incomplete applications or rescheduling interviews can pause the clock, impacting your ability to apply for an EAD.

Solution:

• File a complete and accurate application to avoid clock resets.
• Keep records of all communications with USCIS or the immigration court.

6. Potential Denial of Asylum

Challenge:

• If your application is denied, you may be referred to an immigration judge for removal proceedings.
• This is common for applicants who cannot provide sufficient evidence or meet the burden of proof.

Solution:

• Prepare for the possibility of presenting your case in immigration court.
• Explore alternative relief options, such as withholding of removal or protection under the Convention Against Torture (CAT).

7. Life During the Asylum Process

Challenge:

• The asylum process can take years, leaving you and your family in a prolonged state of uncertainty.
• During this time, you may face restrictions on international travel and limited access to benefits.

Solution:

• Apply for work authorization (Form I-765) after 150 days to maintain financial stability.
• Seek community resources for education, healthcare, and legal aid during the wait.