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If you are facing persecution from your home country because of your race, religion, nationality, membership in a particular social group, sexual orientation, or political opinion, you may qualify for asylum in the United States. If granted asylum, you may qualify to adjust your status to a legal permanent resident of the United States after just one year. At Miranda, Magden & Miranda, we understand that for some people, it is too dangerous to return to their home country and we are here to help those in need to apply for asylum status in the United States.

How to Apply for Affirmative Asylum

It costs nothing in application fees to apply for asylum in the United States. A person seeking affirmative asylum because of persecution based on their race, religion, or other qualifying characteristics should fill out a form with the United States Citizenship and Immigration Services (USCIS) within one year of arriving in the country. The application process also requires an interview with an employee of the agency. Typically, a decision following the interview takes about six months in California to determine whether a person qualifies for asylum.

Barriers to Asylum in California

An applicant may be denied asylum for a number of reasons, and an experienced immigration attorney will be able to review those situations with you while going through the application process. Situations which may bar a person from achieving asylum include the following:

  • Applicant was convicted of a serious offense, such as rape or murder
  • Applicant poses a security risk to the United States
  • Applicant was firmly resettled in another country prior to applying for asylum in the United States

However, an applicant’s home country of origin or current immigration status are not barriers to applying for asylum in the United States.

About Asylum Status

Once asylum is granted to a person, there is no expiration date on that status in California. An applicant can seek asylum status for themselves, their spouse, and any children who are unmarried and under the age of 21 years old. It is important to note that people who are granted asylum do not automatically have the right to work in the United States. Asylees wishing to work must apply for authorization by filing an application form with the USCIS.

Asylum status can be revoked in certain circumstances after being granted. Reasons for revocation include the following:

  • The asylee committed a deportable offense
  • The asylee obtained protection from another nation
  • The asylee committed fraud in their application process
  • The asylee no longer has a well-founded fear of persecution in their home country

After one year of asylum status in the United States, asylees can apply to become legal permanent residents and be issued a green card. Asylees must file another application with the USCIS to begin the process of permanent legal residency.

Contact Our Office Now

If you or someone you know wishes to apply for asylum status in Monterey County, our experienced immigration attorneys may be able to help. Call our office or contact us today to discuss the application process for asylum in the United States.

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