Tucson Immigration Attorneys Helping Asylum Seekers
Victims of persecution or those who fear persecution in their home country may be granted asylum and remain in the United States. Whether you are seeking asylum due to persecution related to race, religion, nationality, your membership in a particular social group, or your political opinion, Ayala Law Office, P.C., in Tucson, Arizona, will guide you through the process. We work to ensure your claims are heard and understood, giving you the best opportunity for success.
How you arrived in the United States or your current immigration status will not prevent you from applying for asylum. But there are some requirements.
Rules For Applying For Asylum
You have one year to apply for after arriving in the United States, with limited exceptions. You may include your spouse and unmarried children under 21 on your application, if they are already in the country.
Even while your application is pending, you may live in the United States. If the U.S. Citizenship and Immigration Services finds you ineligible for asylum, you can legally remain in the country while your application rests with the immigration judge.
You may not be eligible to apply for asylum if you missed the one-year filing deadline, previously were denied asylum, or can safely go to a third country.
There are two paths for seeking asylum.
The affirmative process involves the following steps:
- Arrive in the United States and within one year apply for asylum.
- Undergo fingerprinting and a background or security check.
- Receive an interview notice and appear for the interview with an asylum officer.
- Receive an eligibility determination from the asylum officer, typically about two weeks after your interview, unless longer processing is required.
The defensive process involves the following steps:
- Request asylum as a defense against removal from the United States because you are deemed ineligible for asylum through the affirmative process, and the USCIS refers you to an immigration judge, or you are subject to removal because you were apprehended without legal documents or in violation of your immigration status or were apprehended and found by an asylum officer to have a credible fear of persecution.
- Appear before an immigration judge for an adversarial proceeding, where both you and the government present evidence and testimony.
- Receive an asylum determination from the immigration judge.
Whether you require the affirmative or defensive process, our immigration attorneys will work to help you complete your application in a manner that complies with the rules and advances your path toward asylum.
What Happens After Asylum Is Granted
Once you are granted asylum, you may work immediately. Generally, you may not work while your asylum application is pending, but you may apply for employment authorization if your application has been pending for more than 150 days and no decision has been made.
You may also immediately apply for an unrestricted Social Security card. If you are a male between the ages of 18 and 26, you must register for the Selective Service.
Within two years of being granted asylum, you may petition to bring your spouse and unmarried children under 21 from your home country to the United States.
One year after you have been granted asylum, you may be eligible to apply for a green card and receive permanent residence status.
Asylum does not expire, but it may be revoked if you:
- No longer have a well-founded fear of persecution because of a fundamental change in circumstances
- Obtained protection from another country
- Obtained the original asylum grant through fraud
- Committed certain crimes or engaged in other activities that make you ineligible
Our attorneys can help you understand and take full advantage of the benefits of asylum and can counsel you on ways to avoid revocation of your asylum status.
Contact An Asylum Immigration Lawyer In Tucson
The road to asylum is full of obstacles and is best navigated by experienced immigration attorneys who have traveled it many times before. To learn more about how the Tucson immigration attorneys at Ayala Law Office, P.C., can help you achieve asylum, please contact us online or at 520-585-4501.