Can I apply for asylum if I am in the U.S. on a temporary visa?
Yes, if you are in the U.S. on a temporary visa, you can apply for asylum. The process of applying for asylum is the same regardless of your visa status. The U.S. government recognizes the right of people to apply for asylum when they have a “well-founded fear of persecution” if they were to return to their home country. The process for applying for asylum in Washington begins with completing Form I-589, Application for Asylum and Withholding of Removal. This form needs to be filed with U.S. Citizenship and Immigration Services (USCIS). Note that asylum is only available to individuals who are in the U.S., so it is not available to those who are attempting to cross the U.S. border without permission. Once USCIS receives your application, they will review it and decide if you qualify for asylum. You must establish that you have a “well-founded fear of persecution” if you were to return to your home country. If your application is approved, you will be given a temporary right to reside in the U.S. and will be eligible to apply for work authorization. It is important to note that the process of applying for asylum in Washington can take months, or even years to complete. Furthermore, the process is complex and it is important that you follow all of the required steps in order to avoid any legal difficulties.
THELAW.TV ofrece respuestas en español a todas las preguntas sobre la ley de inmigración.Related FAQs
What is an “affirmative asylum application”?What is a “reasonable fear of persecution”?
What is asylum?
Can I apply for asylum if I am in the U.S. on an expired visa?
What is the “credible fear” standard?
Is there a time limit to apply for asylum?
How does public charge rule affect my asylum application?
What is the “material support bar”?
Are my family members eligible to apply for asylum?
Do I need to attend a hearing after applying for asylum?
Related Blog Posts
What Is Asylum Law and How Can It Help You? - July 31, 2023Exploring the U.S. Asylum Process: Steps to Follow - August 7, 2023
The Basics of Eligibility for Asylum in the United States - August 14, 2023
A Comprehensive Guide to Applying for Asylum in the U.S. - August 21, 2023
What Qualifies as a Credible Fear of Persecution Under Asylum Law? - August 28, 2023