News & Insights

1. Basics of Asylum Law in the U.S.

Asylum is a legal protection for individuals who face persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion. To qualify for asylum, you must demonstrate a well-founded fear of persecution.

2. Filing Eligibility and Timeline

As an F-1 student, you can apply for asylum within one year of entering the U.S., barring extraordinary circumstances. Since you entered the U.S. on May 4 of last year, you are nearing the one-year deadline to file your asylum application. If you miss this deadline, you must provide evidence of exceptions, such as changes in your circumstances or extraordinary conditions.

3. Considerations for Your Spouse

Your spouse may be included as a dependent in your asylum application, provided you are legally married. If you choose to file separately, both you and your spouse can pursue individual asylum claims.

4. Importance of Legal Representation

While you are not legally required to have an attorney to file for asylum, it is strongly recommended. The asylum process can be complex, involving legal filings, deadlines, and interviews where clear and accurate testimony is essential. An experienced attorney can help build a strong case, gather evidence, and represent you during proceedings.

5. Jurisdiction for Filing

If you reside in Los Angeles, California, you should file your asylum application with the USCIS Service Center that handles cases in your area. Applications are processed based on your current residence. An attorney can confirm the appropriate jurisdiction and ensure the application is filed correctly.