TN Immigration Lawyer: Understanding the U.S. Asylum Process

Navigating the asylum process in the United States can be complex, emotional, and life-changing. At Herrera Still, PLLC, we assist individuals and families with matters related to immigration law, including applications for asylum and related legal protections. Whether you’ve recently searched for “how to apply for asylum in the U.S.,” “asylum attorney near me,” or “can I work while my asylum case is pending,” this guide is designed to help you understand key concepts and what steps may come next.

In the United States, asylum is a legal protection available to individuals who are unable or unwilling to return to their home countries because of persecution or a well-founded fear of persecution based on:

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

The right to seek asylum is grounded in both U.S. law and international agreements. A person who is granted asylum may be permitted to remain in the United States, obtain work authorization, and apply for permanent residency after meeting certain eligibility requirements.

Many people search for answers to questions like “Am I eligible for asylum?” or “How long do I have to apply for asylum in the U.S.?”

To apply for asylum:

• You must be physically present in the U.S. or seeking entry at a U.S. port of entry.
• You must generally file Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival.
• If you are in removal proceedings, you may still request asylum as a defense to deportation.
• Certain exceptions may apply to the one-year filing deadline, such as changed or extraordinary circumstances.
   

You can include your spouse and unmarried children under 21 on your application if they are also present in the United States or request follow-to-join benefits later if your asylum is granted.

When you submit Form I-589, you are requesting asylum and other forms of protection from removal, such as withholding of removal and Convention Against Torture (CAT) relief, when applicable. No filing fee is required.

Key steps in the process include:

1. Filing the form and supporting documents by mail to the appropriate USCIS address. 
2. Receiving a receipt notice and biometrics appointment.
3. Participating in an asylum interview or, in some cases, attending a hearing before an immigration judge.

This process may involve the submission of documents such as personal statements, affidavits, medical or police reports, and country condition evidence.

If your case is being considered by USCIS, you will likely attend an asylum interview. If your case is before an immigration judge, you may have multiple hearings.

The interview or hearing is an opportunity to explain your case and present supporting evidence. Questions may focus on the reasons for your fear of returning to your country, past experiences, and other details about your situation.

Having legal representation during these proceedings may be beneficial, especially when presenting evidence and addressing legal standards such as well-founded fear of persecution.

One of the most common questions is “Can I work while my asylum case is pending?” The answer is yes, but only under certain conditions.

You may apply for an Employment Authorization Document (EAD) using Form I-765:

• You must wait 150 days after submitting your asylum application (Form I-589).
• USCIS must not have made a decision on your asylum case during that time.
• You must not have caused any delays in your case (such as missing interviews or not responding to requests for information).

Once approved, the work permit allows you to seek employment in the United States. It is important to track your application timeline carefully and submit any required renewals on time.

If you have been granted asylum, you may be eligible to apply for a Green Card (permanent resident status) one year after the date you received asylum.

You will need to:

• Submit Form I-485, Application to Register Permanent Residence or Adjust Status.
• Show that you have been physically present in the U.S. for at least one year since receiving asylum.
• Continue to meet admissibility and eligibility requirements.
   

Family members who were granted derivative asylum based on your application may also apply for adjustment of status after one year.

If you were granted asylum within the past two years, you may file Form I-730, Refugee/Asylee Relative Petition to bring certain family members to the U.S. This typically applies to:

• A spouse
• Unmarried children under 21
   

There are time-sensitive requirements, and documentation must be submitted to prove the family relationship and your eligibility. Extensions may be available under limited circumstances for humanitarian reasons.

If asylum is denied, there may still be other forms of relief. These include:

• Withholding of removal – This provides protection from being sent back to a country where a person’s life or freedom would be threatened.
• Protection under the Convention Against Torture (CAT) – This applies if an individual can demonstrate it is more likely than not that they would be subjected to torture if returned to their country.

These forms of relief do not offer the same benefits as asylum, such as the ability to apply for a Green Card or bring family members, but they can still prevent removal from the United States.

A common concern for many applicants is whether their information will be shared with others, especially with governments from which they are fleeing.

U.S. law places strict confidentiality requirements on asylum applications. The information submitted in an asylum application generally cannot be shared with third parties, including foreign governments, without the applicant’s written consent or specific legal authorization. These protections are intended to preserve the safety and privacy of those seeking refuge.

Here are some frequently searched questions that may help clarify the process:

• How long does it take to get a decision on asylum?
  Processing times vary depending on the type of application and whether the case is before USCIS or an immigration judge.
• Can I include my family in my application?
  Yes, you may include your spouse and unmarried children under 21.
• Do I need a lawyer for an asylum case?
  While not required, many applicants choose to have legal assistance to help prepare their documents, understand the process, and respond to legal questions.
• Can I travel outside the U.S. while my asylum case is pending?
  Travel outside the U.S. could be interpreted as abandoning your asylum application. Always consult with a legal professional before making any travel plans.

At Herrera Still, PLLC, we assist clients with asylum applications and related matters in immigration law. Our team works with individuals and families navigating the legal requirements for protection in the U.S., including:

• Preparing and submitting asylum applications (Form I-589)
• Providing guidance on employment authorization (Form I-765)
• Assisting with family petitions (Form I-730)
• Helping eligible asylees pursue adjustment of status (Form I-485)
• Offering support in defensive asylum cases and removal proceedings
   

Every case is unique. If you have questions about your situation or eligibility, we invite you to contact our office for more information.

Immigration law, especially as it relates to asylum, is highly detailed and subject to change. Staying informed and understanding your rights is an important step in protecting your future. If you or someone you know is considering applying for asylum or has questions about legal protections in the U.S., legal support may help provide clarity and direction.

To learn more about immigration law or to schedule a consultation, please contact Herrera Still, PLLC. We are here to provide legal information and assist clients throughout the asylum process.