Frequently Asked Questions
IMMIGRATION LAW
How can I apply for asylum?
To be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival in the United States. You must qualify for asylum under the definition of "refugee." Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. You may apply for asylum regardless of your immigration status. This means you may apply even if you are illegally in the United States. However, if an Asylum Officer finds that you are not eligible for asylum and you are in the United States illegally, the Asylum Officer will place you in removal proceedings and refer your application to an Immigration Judge for a final decision.
What if my asylum application is denied?
You will receive a letter telling you how to appeal the decision. Generally, you may appeal within 33 days of receiving the denial. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.
Can I apply for a work permit at the same time I apply for asylum?
Asylum applicants cannot apply for employment authorization at the same time they apply for asylum. Rather, you must wait 150 days after the INS receives a complete application before you can apply for employment authorization. The INS has 30 days to either grant or deny your request for employment. You will receive a letter telling you how to appeal the decision. Generally, you may appeal within 33 days of receiving the denial. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.
What are the benefits of citizenship?
The highest immigration benefit you can obtain is US citizenship. The Constitution of the United States gives citizens certain rights that immigrant status does not. The most important ones being the right to vote, to live in the US without risk of deportation, and work and enjoy the rights accorded by the Constitution to citizens, and to pass your citizenship to your children. As a citizen you will have the right to carry a US passport, receive government protection through US consulates and embassies when you are abroad, and to serve on a jury. Ultimately in participating in the political process, registering and voting, becoming an active member of your community you can demonstrate you allegiance to the US and truly become an American.
Who needs an I-94 Arrival Departure Record?
Most foreign travelers do need and will receive an Arrival Departure Record when arriving at a U.S. port-of-entry. Canadians who travel to the United States as tourists or on business generally do not need an INS Form I-94. Also, certain Mexicans who have a nonresident alien Mexican border crossing card (commonly known as a laser visa), or a multiple-entry nonimmigrant visa may not need an INS Form I-94.