The Legal Professionals at MCD Immigration Law, P.C.

Transforming Lives Through Effective Immigration Solutions

Compassionate And Experienced U.S. Asylum Lawyer

At MCD Immigration Law, P.C., we understand the complexities and emotional weight of pursuing asylum in the United States. As an experienced asylum lawyer based in Salem, Massachusetts, Mabel Covarrubias-Doucette is dedicated to providing thorough and compassionate legal support to individuals fearing persecution in their home countries.

Our immigration law firm represents clients in Salem, across Massachusetts, and internationally, offering guidance on every step of the asylum process. We encourage you to reach out today to discuss your situation. Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation. Se habla español.

What Is Asylum?

Asylum is a legal protection given to foreign nationals who are in the U.S. or waiting at the border and who cannot return to their home countries due to fear of persecution. If you are granted asylum, you will have the right to stay in the U.S., work legally, and even apply for a green card and eventually citizenship. You may also be able to help certain family members seek asylum.

While seeking asylum is a legal right, it is important to remember that each case is unique and outcomes can vary. Furthermore, the technical requirements of applying for asylum are constantly changing, so it is important to work with an asylum lawyer who is up-to-date on these changes.

Who Qualifies For Asylum In The United States?

You are allowed to apply for asylum in the U.S. if you have suffered or fear you will suffer persecution due to your:

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

To qualify for asylum, you must be physically present in the United States and cannot be a U.S. citizen. You must file your asylum application within one year of your arrival unless there are extraordinary circumstances. It is possible to include your spouse and unmarried children under 21 in your application as dependents.

Can Asylum Seekers Work In The U.S.?

Yes, individuals seeking asylum in the United States have the potential to apply for the right to work. If your asylum application has been pending for 180 days and no decision has been made, you are eligible to apply for an employment authorization document (EAD). This document is essential as it permits you to work legally in the U.S. while your asylum case is being processed.

The process to obtain an EAD begins 150 days after you file your asylum application. You can then submit Form I-765, “Application for Employment Authorization,” to the USCIS. However, you cannot receive the EAD until your asylum application has been pending for at least another 30 days, totaling 180 days. This period is known as the 180-Day Asylum EAD Clock.

Moreover, once asylum has been granted, asylees have immediate authorization to work in the United States. Your immigration lawyer can explain the details of the process.

Can You Apply For A Green Card Based On Being Granted Asylum?

Generally, the answer is yes. Asylees can apply for a green card one year after being granted asylum. This step involves filing Form I-485, “Application to Register Permanent Residence or Adjust Status.” You must file a separate application for each family member who received derivative asylum status based on your case.

How Can You Sponsor An Immigrant Seeking Asylum?

If you have been granted asylum status within the last two years, you can sponsor certain family members so they may join you in the United States under what is known as derivative asylee status. This opportunity reflects the U.S. government’s commitment to family unity and the protection of human rights.

Eligible family members typically include your spouse and your unmarried children who are under the age of 21, as long as these relationships were established before you were granted asylum.

To initiate the sponsorship process, you must file Form I-730, “Refugee/Asylee Relative Petition.” This form is specifically designed to facilitate the application process for family members of those who have been granted asylum. Importantly, there is no filing fee for this form, removing a potential financial barrier to reuniting families.

Once approved, your family members will be allowed to enter the U.S. and will also be eligible to seek employment authorization. They will hold the same status as you – asylee – which also opens the path for them to apply for a green card in the future, following similar procedures and timelines as your own.

This sponsorship process is a vital step in not only protecting those you love but also in building a new life together in safety and peace in the United States. If you have questions or need assistance with filing the I-730 form or understanding more about the eligibility and process, Mabel Covarrubias-Doucette and our dedicated team at MCD Immigration Law, P.C., are ready to help. Please contact us to schedule a consultation and start the process of reuniting your family.

Contact Us Today

If you or someone you know is seeking asylum and needs legal assistance, do not hesitate to contact us. Attorney Mabel Covarrubias-Doucette and the team at MCD Immigration Law, P.C., are here to provide the support and guidance you need. Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation.