Asylum
- By Kate
- •
- 17 Jul, 2017
- •
Affirmative Asylum vs Defensive Asylum
Thank you for looking at our office to determine if you are eligible to file for asylum, allowing you to live in the United States, get work authorization, and ultimately become a ‘Green Card’ holder. Our Law Office can help you determine if you are in fact qualified to petition for asylum. If you are qualified, we can provide the legal services to file on your behalf.
In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the main reason for your persecution or why you fear persecution. You must file for asylum within one year of entry into the United States.
If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status, otherwise known as a Green Card holder. If you are not granted asylum, the Department of Homeland Security may use the information you provide to establish that you are removable from the United States. This is why you must be successful in your application for asylum so that you may avoid deportation.
Our law office can help you to file for asylum and using our legal services will give the typical applicant a far better chance of success with their application.
While there are very reasonable attorney fees associated with the application, there is no government fee to file.
Once filed, the process can take from months to years to be reviewed, and after a period of time following the filing of the application, you will be granted authorization to work in the United States. While the process is pending, you may remain in the United States.
If you would like to learn more about this process, please call our law office so that we can determine your eligibility. If you are qualified, we can discuss the appropriate course of action for your situation.
| Worldwide | Cap of 140,000 for each fiscal year (including spouses and children) | |
|---|---|---|
| Point Allocation | Age (10 points maximum) | |
| Between 0 and 17 | May not submit an application | |
| Between 18 and 21 | 6 points | |
| Between 22 and 25 | 8 points | |
| Between 26 and 30 | 10 points | |
| Between 31 and 35 | 8 points | |
| Between 36 and 40 | 6 points | |
| Between 41 and 45 | 4 points | |
| Between 46 and 50 | 2 points | |
| 51 or older | 0 points | |
| Point Allocation | Formal education (13 points maximum) | |
| U.S. or Foreign High School Degree | 1 point | |
| Foreign bachelor's degree | 5 points | |
| U.S. Bachelor’s Degree | 6 points | |
| Foreign master's degree in Science, Technology, Engineering or Mathematics (STEM) | 7 points | |
| U.S. STEM Master’s Degree | 8 points | |
| Foreign Professional Degree or Doctoral STEM | 10 points | |
| U.S. Professional Degree or Doctoral STEM | 13 points | |
| Point Allocation | English language proficiency (12 points maximum) | |
| 1st – 5th deciles | 0 points | |
| 6th – 7th deciles | 6 points | |
| 8th decile | 10 points | |
| 9th decile | 11 points | |
| 10th decile | 12 points | |
| Point Allocation | Extraordinary achievement (40 points maximum) | |
| Nobel Laureate or comparable recognition | 25 points | |
| Individual Olympic medal or first place in a comparable international sporting event | 15 points | |
| Point Allocation | Job offer/highly compensated employment (13 points maximum) | |
| Annual salary offered is at least 150% but less than 200% of the median household income in the state of employment | 5 points | |
| Annual salary offered is at least 200% but less than 300% of the median household income in the state of employment | 8 points | |
| Annual salary offered is at least 300% of the median household income in the state of employment | 13 points | |
| Point Allocation | Investment and active management of new enterprise (12 points maximum) | |
| Investment of at least $1.35 million but less than $1.8 million in a U.S. New Commercial Enterprise (NCE); maintain the investment for three years and play active role in managing the NCE as primary occupation | 6 points | |
| Investment of at least $1.8 million in a U.S. NCE; maintain the investment for three years and play active role in managing the NCE as primary occupation | 12 points | |
| Point Allocation | Valid (pre-existing) offer of admission under family preference category | 2 points |
Many of our clients are interested in obtaining a Green Card for a loved one. We can help in most situations with what the government refers to as Adjustment of Status.
If you are a US Citizen and your fiance came to the USA with a fiance visa, or if your spouse/fiancé is here or another visa (student, visitor, work etc...), then the Adjustment of Status option is appropriate.
This Adjustment of Status process is what is required to go from being a visa holder to obtaining a 'Green Card' or Permanent Residency.
Once obtained, your 'Green Card" spouse can work, travel in and out of the USA, and begin his or her life here.
In some cases a similar process can be used to keep a parent on a valid visa here as well. To learn more and discuss your options, feel free to ask.
