Asylum & Temporary Protected Status

Asylum

Deeply rooted in international law, asylum is one of the most complex areas of immigration law. It is constantly evolving as a result of changes in international as well as national law. An individual in the United States may be granted asylum if he or she can demonstrate that he or she is unwilling or unable to return to his or her home country because of past persecution or a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. Each of these terms is precisely defined by statutes and/or case law.

Generally speaking, an application for asylum must be filed within one year of arrival in the United States. For this reason, it is important to consult an attorney as soon as possible to discuss an asylum case.

One year after being granted asylum, an asylee may apply for permanent residency and may eventually become a United States citizen. An asylee may also petition to bring his or her spouse and children to the United States.

Temporary Protected Status

BCIS provides aliens from different designated countries temporary relief from removal of the United States and work authorization for a certain designated period of time. When the TPS period of time expires the alien returns to the same status he or she had prior to the granting of TPS. It is important to be aware that TPS offers no permanent status to aliens.

Contact us to discuss your Asylum or TPS case or any other immigration needs.