What is Asylum?
Asylum is a form of protection granted to individuals who are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.
People coming to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
- can apply for asylum if they are physically present in the United States.
- When Can You Apply for Asylum?
- in general, asylum applications must be filed within one year of the applicant's arrival in the U.S. However, there are exceptions and waivers to this deadline, such as changed circumstances or extraordinary circumstances.
The requirements for an F-1 visa are the following:
- Apply and be accepted into a course of study at a SEVP-approved school in the United
States. These can include high schools, seminaries, private elementary schools,
conservatories, or a language program.
- Be enrolled as a full-time student
- Be proficient in English or enrolled at an institution learning English to become
proficient
- Proof of enough funds to support your education
- Demonstrate ties to your home country to show an intent to return
- Living outside the United States when applying
United States immigration law allows certain noncitizens who are family members of U.S.
citizens and lawful permanent residents to become lawful permanent residents (Green Card)
based on specific family relationships.
Immediate Relative includes:
- Spouses,
- Parents, and
- Children
Special rules apply for spouses of U.S. citizens if the marriage is less than two years in
duration.
Preference relatives include:
- married and unmarried children (over 21) of U.S. citizens;
- brothers and/or sisters of U.S. citizens.
Also included as preference relatives are: spouses, minor children, and unmarried children
(over 21) of U.S. permanent residents.
Immediate relatives do not face waiting times for visa availability. Preference relatives are
often subject to long waiting times, because of strict annual limits on permanent
immigration benefits. The length of the wait will depend upon the family preference category
and the country of origin.
Eligibility:
- The sponsoring relative must file a petition on behalf of the qualifying foreign
national relative;
- Immediate relatives require a petition filing for each sponsored family member;
- Affidavit of Support;
- Evidence of the relationship must.
A green card may be gained through employment-based immigration options. Many of the
employment-based options require the sponsorship of a United States employer.
The employer must intend to hire the foreign national on a long-term basis for a position
that is not considered temporary. The employer must obtain approval through the United
States Department of Labor (DOL) and/or the United States Citizenship and Immigration
Services (USCIS). In some employment-based categories, the foreign national may
self-sponsor.
Eligibility includes:
- etition with USCIS;
- Permanent offer of employment;
- Possibly, employment sponsorship and approval of PERM labor.
- Self-sponsorship, based upon qualifications, is available in EB2 -National Interest
Waiver - and EB1 - extraordinary ability - categories.
- For the EB5 category, self-sponsorship via investment is available;
- No PERM labor is required in EB1 (Extraordinary Ability, Multinational Executive
Transferee and Outstanding Professor/Researcher), EB2 (National Interest Waiver), EB4
(Special Immigrant) or EB5 (Investor) cases.
- All employment- based cases require that the foreign national complete the process with
either an adjustment of status or a consular processing (CP) application.