The immigration process can be unfamiliar and confusing. Knowing what to expect can help you to plan and to feel more confident. Here are some of the questions we often hear from clients, and the answers we provide.

How do I apply for asylum in the United States?

To apply for asylum, you need to file Form I-589 (Application for Asylum and Withholding of Removal). This form must be filed within one year of your arrival in the United States. When you apply for asylum, you must be prepared to offer evidence in support of your application: a well-founded fear of persecution in your home country due to your race, nationality, religion, membership in certain social groups, or your political opinions. An experienced immigration attorney can help you complete your application and advocate for you in the asylum process.

If you wait more than a year to file Form I-589, you will be denied asylum. There may be an exception if there has been a major change of circumstances that materially affects your asylum request, or if extraordinary circumstances prevented you from applying for asylum sooner.

Can I apply for asylum on behalf of my family members?

Yes. You can include a spouse and unmarried children under the age of 21 as dependents on your asylum application. Even if your child turns 21 while your application is pending, they may still be eligible for asylum under your petition.

If your spouse and children are outside the United States when you are granted asylum, you may be able to obtain derivative asylum status for them by filing a Refugee and Asylee Relative Petition (Form I-730)

Can I work while my application for asylum is pending?

Possibly. Once 150 days have passed since your application was submitted, you may become eligible for an Employment Authorization Document (EAD), also known as Form 1-766. At The Law Offices of Farrukh Nuridinov, we will apply for your EAD and Social Security Number (SSN) as soon as possible, as part of our services for clients seeking asylum.

How long does it take to be granted asylum?

If you are applying for affirmative asylum, a decision on your application will usually be made within 180 days after filing. If there are exceptional circumstances, it could take longer. Speak with an immigration attorney who handles asylum cases to discuss the specifics of your case.

What does it cost to apply for asylum?

The United States government does not charge a fee to apply for asylum. If you get an attorney’s help with your asylum application, your attorney will charge a fee for their services. At The Law Offices of Farrukh Nuridinov, we are committed to charging fair and reasonable fees so that our clients can get the legal help they need to remain in this country.

Who can sponsor a relative for immigration?

Any U.S. citizen or lawful permanent resident who is age 18 or older can petition to sponsor a family member for immigration. The sponsor must generally be living in the United States, with limited exceptions.

If I sponsor a family member, do I have any financial obligations?

Yes. You must file Form I-864 (Affidavit of Support), which is a sworn statement that is legally binding on you. By signing an Affidavit of Support, you are agreeing to maintain your relative’s standard of living at or above 125% of the U.S. poverty line until they become a citizen or they have worked for 40 qualifying quarters (about 10 years).

How long will it take for my relative to get a green card?

The average processing time is about 14 months, but the length of the green card process depends heavily on the facts of each situation, such as the relationship of the intending immigrant to the sponsor, the country of origin, and whether there is a wait for a visa number to become available. In some situations, an immigrant may need to wait for years for a visa number to become available. Speak with an immigration attorney about the facts of your situation.

Can I work in the U.S. if I have a green card application pending?

If you have a green card application pending, you can apply for employment authorization, but you are not permitted to work legally in this country until you have received your employment authorization document.

Can I travel outside the U.S. if I have a green card application pending?

If your green card application is pending, traveling outside the United States would be viewed as abandoning your application for lawful permanent residency UNLESS you have filed Form I-131 (Application for Travel Document) and been granted permission to travel. If you need to travel outside the country, speak with an experienced immigration attorney first.

I am in the United States on a non-immigrant visa. Can I get a green card?

If you are in the county lawfully and meet other criteria, you may be able to adjust status to become a lawful permanent resident (green card holder). The Law Offices of Farrukh Nuridinov regularly helps asylees, refugees, and non-immigrant visa holders to adjust status.

What is the Diversity Lottery?

The Diversity Lottery is a program that allows residents of countries with low immigration to the U.S. to apply to be randomly selected for a visa so that they can apply for a green card. The Diversity Lottery allows people who would not otherwise be eligible to immigrate to the U.S. to become lawful permanent residents. Many Central European countries are eligible for the Diversity Lottery.

If you have further questions that were not answered here, please contact The Law Offices of Farrukh Nuridinov to schedule a consultation.