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How Does Asylum Work in the U.S.?

The number of asylum seekers in the U.S. has increased substantially since the new administration took office in D.C. The previous administration and COVID-19 protocols shifted a few long-standing asylum procedures, but we anticipate things gradually getting back to the status quo. This blog will serve as a general guide to those already in the U.S. or those who anticipate coming to the U.S. and filing for asylum in the near future. 

Defensive vs. Affirmative Asylum

Individuals already involved in removal proceedings are limited to filing for defensive asylum. Other asylees are free to apply for affirmative asylum, which begins with filing Form I-589, Application for Asylum and for Withholding of Removal. You need to be extremely detailed on this form and provide supporting documentation. Depending on current policies, those who are caught at the border without documents may be placed in expedited removal unless they mention a credible fear of persecution or torture. After that, they may have to appear for a preliminary “credible fear screening.” 

What are the Requirements for Asylees?

Essentially, you must show that you are a victim of past persecution in your home country or you have a credible fear of persecution or torture if you were to return to your home country. Importantly, the persecution or torture must be on the basis of one or more of the following grounds: 

  • Race
  • Religion
  • Nationality
  • Membership in a specific social group
  • Political opinion

Main Interview

After you have submitted your paperwork, you will then need to wait for your asylum interview. You may or may not be able to wait inside the U.S. Be sure to apply for affirmative asylum within one year of your U.S. arrival. 

As soon as possible — and definitely before your asylum interview — you should hire an experienced immigration attorney. Anything you miss on your documents or during your interview could sink your case. The immigration judge will ask you a number of questions about your application and the situation in your home country. Don’t assume the judge has heard about the latest violence back home; the burden of proof is on you to prove that you deserve asylum status. 

How Long Will Your Asylum Case Take?

There is no way of knowing for sure, but recent cases have been adjudicated in 700 days (or more). As of this writing, federal agencies are dealing with a great amount of backlogged cases. Regardless, you will need patience to see out your asylum application. 

With everything at stake, you need a caring and aggressive attorney to help you navigate your asylum application. RelisLaw wants to see you succeed, and we’d be happy to help any way we can. Get in touch with our team here to schedule a free 10-minute phone consultation.

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RelisLaw

We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.
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E-2 Treaty Investor Visa Requirements: A Definitive Guide for Business Owners and Managers - RelisLaw

E-2 Treaty Investor Visa: Comprehensive Guide for Business Owners

U.S. Investment Opportunity: The E-2 Visa

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The **E-2 Treaty Investor Visa** is a non-immigrant classification for foreign nationals investing a substantial amount of capital in a bona fide U.S. business. At RelisLaw, we specialize in maximizing the approval chances for **E-2 Visa Business Entrepreneurs and Managers**.

The E-2 visa allows investors and their **immediate family** (spouse and unmarried children under 21) to live and work in the United States. Initial approval can grant residency for up to **5 years** and is indefinitely renewable as long as the business meets the requirements. This visa is explicitly designed to spur **foreign investment and economic development** in the U.S.

DOWNLOAD: YOUR STEP-BY-STEP GUIDE TO E-2 VISA SUCCESS

RelisLaw provides the **solid, detailed guidance** you can rely on to build your strongest E-2 Application and successfully secure your future in the USA!

Since 2016, our clients worldwide have chosen RelisLaw, not only for our **meticulous work and consistent Approvals** but also for the continuous support we provide to help them achieve their dreams of working in the U.S.

Be prepared to discuss your **business plan, investment sources, and management role** in detail during your application process. Upon E-2 visa approval, you will receive authorization to start working in your approved U.S. business right away!

E-2 Treaty Investor Visa Eligibility Summary

E-2 Requirement Category Core Eligibility Criteria Definition of Investment
**Applicant & Business** – Must be a **citizen of a U.S. treaty country**.

– Must have already **invested or be actively investing a significant amount** of capital in a legitimate U.S. enterprise.

– The applicant must be coming to the U.S. solely to **develop and direct the enterprise** by having ownership (at least 50%) or a key managerial/executive role.		 – The investment must be **Substantial** relative to the total cost of the business (start-up or purchase).

– Funds must be large enough to demonstrate the investor’s strong **financial commitment** to the business’s success.

– The business must be **Not Marginal** (i.e., not solely created to provide a minimal living income for the investor and family, but must expand employment opportunities in the U.S.).
GET YOUR STEP-BY-STEP E-2 VISA GUIDE NOW
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