Asylum Information Prepared by the US Federal Government
Every year people come to the United States seeking protection because they
have suffered persecution or fear that they will suffer persecution due to:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
If you are eligible for asylum you may be permitted to remain in the United States.
To apply for Asylum, file a Form I-589, Application for Asylum and for Withholding of
Removal, within one year of your arrival to the United States. There is no
fee to apply for asylum.
You may include your spouse and children who are in the United States on your
application at the time you file or at any time until a final decision is made on
your case. To include your child on your application, the child must be under 21 and
unmarried. For more information see our Form I-589, Application for Asylum and for
Withholding of Removal page.
Permission to Work in the
United States
You cannot apply for permission to work (employment authorization) in the United
States at the same time you apply for asylum.
You may apply for employment authorization if:
- 150 days have passed since you filed your complete asylum application, excluding
any delays caused by you (such as a request to reschedule your interview)
AND
- No decision has been made on your application
If you are granted asylum you may work immediately. Some asylees choose to obtain
Employment Authorization Documents (EADs) for convenience or identification
purposes, but an EAD is not necessary to work if you are an asylee.
To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. There
is no fee to apply for your first EAD if you have a pending asylum application or if
you have been granted asylum. For more information see our Form I-765, Application
for Employment Authorization page.
Bringing Your Family
to the United States
If you are granted asylum you may petition to bring your spouse and children to the
United States by filing a Form I-730, Refugee/Asylee Relative Petition. To include
your child on your application, the child must be under 21 and unmarried.
You must file the petition within two years of being granted asylum unless there are
humanitarian reasons to excuse this deadline. There is no fee to file this petition.
For more information see our Form I-730, Refugee/Asylee Relative Petition”
page.
Filing for Permanent Residence (Green
Card)
You may apply for a green card one year after being granted asylum. To apply for a
green card, file a Form I-485, Application to Register Permanent Residence or to
Adjust Status. You must submit a separate I-485 application packet for
yourself and, if applicable, for each family member who received derivative asylum
based on your case.
For more information about green cards, see our Green Cards for an Asylee page. For more information about
asylum, see our Questions & Answers: Asylum page.
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on immigration strategy and complex adjustment of status filings.
Mark I Davies, Esq. JD, University of Pennsylvania Carey Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.
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Details |
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Education
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JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
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Financial Training
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Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
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Legal Practice
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Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England and Wales | Former CMBS lawyer at one of the worlds largest international law firms |
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Immigration Track Record
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15+ years advising HNW investors |
Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful immigration cases globally
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Recognition
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Named a
Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
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Professional Engagements
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Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
