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How to Get an USA Asylum Visa?
is Asylum?
Asylum helps those who have been persecuted in their home country, or fear future persecution due to their political opinion, nationality, race or ethnicity, religion, or membership in a particular social group. This can include gender-based violence or sexual orientation.
- Affirmative Asylum: You can file this application directly with the United States Citizenship and Immigration Services (USCIS) within one year of your arrival in the U.S. or within 6 months of the expiry of any visa you were on.
Get help before you receive a notice to appear in removal court is one of our best advices!
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- 1. Who is eligible?: You must be physically present in the United States to apply. Asylum law is very detailed and ever-changing. Navigating the complexities of asylum eligibility can be challenging. You're eligible, if you haven't received a notice to appear in removal court yet.
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- 2. Evidence Required: Filing within one year of arrival in the U.S. or within 6 months of the expiration of any visa is typically required. A strong application involves different types of specific evidence that most people are unaware of.
- 3. Work Permit: After 150 days of filling your asylum application, we can assist you to apply for a legal work permit to enable you to work legally and earn the maximum per your capabilities for the duration of your case processing that may be several years.
- 4. Asylum Interview: The asylum officer will make a decision on your case during your Asylum Interview. RelisLaw also offers asylum interview support. Approved cases will be able to apply for Legal Permanent Residence (Green Card) after 1 year
- 5. Immigration Court: If the officer does not make a decision in your case, they will refer your case to a judge to review your entire case from the beginning. An experienced team like RelisLaw is critical for ensuring your first evidence to USCIS is meticulously prepared to support your case.
- 6. Green Card Opportunity: Your Immediate relatives in the U.S. will obtain derivative status upon the approval of your asylum application. Once your Green Card application is approved, you can then also sponsor other eligible relatives outside the U.S.
I missed the one-year filing deadline; is it still possible to apply for asylum?
Yes, but it is much more difficult. Generally, you must file Form I-589 within 365 days of your last arrival in the U.S. To file after this, you must prove “Changed Circumstances” (e.g., a new war in your home country or a change in your personal identity, like a religious conversion) or “Extraordinary Circumstances” (e.g., a serious illness or ineffective assistance of counsel).
Is my asylum application "on hold" because of the 2026 USCIS policy updates?
It depends on your nationality. In early 2026, USCIS implemented a pause on decisions for asylum seekers from countries designated as “high-risk.”
What is the "Bona Fide Determination" for asylum seekers?
Similar to U and T visas, there is a push in 2026 to provide “Bona Fide” (good faith) work authorization to asylum seekers whose cases are clearly documented and pass initial security screenings.
At RelisLaw we speak English, Spanish, and French! We take away your stress and work step-by-step on your Work Permit, Visa, and Green Card process, offering you a long-term solution and supporting relationship for your future in America
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