SCHACH LAW GROUP, APC (916) 917-5217
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Contact Us: (916)917-5217

Asylum.

How can I get asylum in the United States?

​You can get asylum status in the United States by asking for protection from the federal government. How you ask for asylum status depends on where you are physically located (within the United States, or at the Border or a Port-of Entry like an airport) and whether you are in removal/deportation proceedings before the Immigration Court.
 
To be eligible for asylum status, you must prove that you have suffered persecution or fear of persecution because of your race, religion, nationality, political opinion, or membership in a particular social group. You may include your legal spouse and children who are in the United States on your application. To include your child, s/he must be unmarried and under 21-years-old.
 
There is no application fee for an asylum application.

Can I visit my home country if I get asylum?​

Possibly. Asylum status is temporary and so many asylees (people who have asylum status) want to get permanent resident status as soon as possible. To get permanent resident status, you must be physically present in the United States. If you choose to travel after receiving asylum status, you will need to obtain permission to return to the United States before departure. Always consult with a licensed attorney before leaving the United States with asylum status. 

How long will it take if I claim asylum?

It depends. You can file for asylum with the Immigration Office (also known as affirmative application) or with the Immigration Court (also known as defensive application). The timeline for an affirmative asylum application will depend on the current processing time for the Immigration Office nearest your residence in the United States. The timeline for a defensive asylum application will depend on the individual Immigration Judge’s calendar for the Immigration Court nearest your residence in the United States.

​Note, if you move while your asylum application is pending your case may move to a different Immigration Office or Court and the timeline may change.

How long does it take to get a work permit for asylum?

You cannot apply for work authorization at the same time you apply for asylum. You may only apply for work authorization after your asylum application has been pending for 150 days (minus any delays caused by you such as a request to reschedule an interview). This period of time between filing your asylum application and 150 days is known as the “asylum clock.” If you are in removal/deportation proceedings, you can check the status of the asylum clock by calling the Immigration Court Hotline at 1-800-898-7180.

Can my asylum be taken away?

​Possibly. Asylum status is temporary and may be terminated if there is a fundamental change in the country conditions or reasons why asylum was granted; or if you have committed certain crimes or engaged in other activities while you have asylum status. 

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​Planning for the path ahead.
Working with you each step of the way.
American Immigration Lawyers Association aids immigrants and attorneys in keeping apprised of the latest changes in the immigration law community.

Contact Information

2555 3rd Street, Suite 215
Sacramento, California 95818
Phone: (916) 917-5217
Fax: (916) 299-3300
Email: info@slgsac.com
Please consult an attorney for advice about your individual situation. The information you obtain at this site is not, nor is it intended to be, legal advice. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
  • Home
  • Services
    • Asylum
    • Citizenship/Naturalization
    • Deferred Action for Childhood Arrivals (DACA)
    • Deportation Defense
    • Green Cards
    • Interview/Request for Evidence Preparation
    • U Visa
    • Violence Against Women Act (VAWA)
  • About
  • Spanish
  • Frequently Asked Questions
  • Immigration Updates
  • Contact