Asylum Application

At Voloshko Law Office, PC in Walnut Creek, CA, our immigration attorneys assist clients throughout the Bay Area with asylum applications. The U.S. asylum process allows individuals fleeing persecution or fear of persecution to apply for protection. We speak English, Spanish, Romanian, and Russian.

1. Eligibility for Asylum

To qualify for asylum, an applicant must demonstrate:

   •    Fear of Persecution: A well-founded fear of persecution in their home country.

   •    Protected Grounds: The persecution is based on race, religion, nationality, membership in a particular social group, or political opinion.

   •    Inability to Seek Protection: The applicant cannot or will not return to their home country due to this fear.

   •    Timing: The asylum application must generally be filed within 1 year of arriving in the U.S., unless there are changed or extraordinary circumstances.

2. Affirmative vs. Defensive Asylum Process

A. Affirmative Asylum

   •    Filed with USCIS for individuals who are not in removal (deportation) proceedings.

   •    Steps: File Form I-589, attend a biometrics appointment, participate in an interview with an asylum officer.

   •    If denied, the case is referred to an immigration court for a defensive asylum process.

B. Defensive Asylum

   •    Filed in immigration court as a defense against deportation.

   •    Steps: File Form I-589 with the court, attend master calendar hearings, present the case in a merits hearing before an immigration judge.

3. Key Steps in the Asylum Process

1. Prepare and File Form I-589

   •    No filing fee.

   •    Include evidence of persecution (e.g., police reports, medical records, affidavits, news articles, and expert statements).

   •    Application automatically includes dependents (spouse and unmarried children under 21) in the U.S.

2. Biometrics Appointment

   •    USCIS collects fingerprints, a photo, and a signature for background checks.

3. Asylum Interview or Hearing

   •    Affirmative cases are interviewed by a USCIS asylum officer.

   •    Defensive cases are presented to an immigration judge.

4. Wait for a Decision

   •    USCIS or the immigration court will issue a written decision.

4. Work Authorization for Asylum Seekers

   •    Applicants cannot apply for work authorization (EAD) until 150 days after filing Form I-589.

   •    Once eligible, file Form I-765, Application for Employment Authorization.

5. Benefits of Asylum

   •    Protection: Safe residency in the U.S.

   •    Work Authorization: Right to work legally.

   •    Path to Green Card: Apply for permanent residency after 1 year of being granted asylum.

   •    Family Sponsorship: Petition to bring immediate family members to the U.S. through Form I-730.

   •    Path to Citizenship: Eligible to apply for citizenship after 4 years as a green card holder.

6. Important Considerations

   •    One-Year Deadline: File the asylum application within one year of entering the U.S. unless exceptions apply.

   •    Legal Representation: While not required, legal assistance significantly improves outcomes.

   •    Bars to Asylum: Serious crimes, national security risks, or prior persecution of others.

Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with an asylum attorney in Walnut Creek, CA.