Immigrants can seek asylum when they are afraid to return to their own country because of past persecution or if they demonstrate a well-founded fear of future persecution. An individual can ask for asylum at the point of entry to the United States or anywhere within the United States, but they must request it within the first year of entering the U.S. A person on asylum can apply to become a permanent resident after one year of being on asylum status and then apply for U.S. citizenship four years later.
To be eligible and receive asylum the person will need to show that the persecution they suffered in the past or will most likely suffer in the future is based on one or more of the five grounds shown below:
Race
Religion
Nationality or ethnicity
Membership in a particular social group
Political opinion
Call (619) 332-1703for a Free Consultation with a Trusted San Diego Asylum Attorney
Step-by-Step Asylum Application Process
There are two application processes available for the asylum applicant.
If the applicant is not in removal proceedings, they will file what is referred to as an Affirmative Asylum application with the appropriate USCIS office.
If the person is in removal proceedings and asks for asylum relief, they will file what is referred to as a Defensive Asylum application.
Whichever process is taken, the person will need to file the I-589 application and supporting documentation. The applicant can include their spouse and children under 21 years of age on their application, called derivatives.
Under the Child Status Protection Act, your child will remain eligible for asylum, as a derivative family member, even if they turned 21. Your child must have been unmarried and under 21 years of age on the date that you filed your I-589 application. The “filing date” is the date your application was received by USCIS or filed with the court.
When am I Not Eligible for Asylum?
A person is not eligible for asylum if any of the following circumstances apply:
The asylum applicant ordered, assisted, incited, or participated in the persecution of another on account of their race, religion, nationality, membership in a particular social group, or political opinion
They were convicted for an aggravated felony
Reasons exist to believe that the applicant committed a serious nonpolitical crime outside the U.S.
The applicant may be a threat to national security
The applicant was firmly resettled in another country prior to arriving in the U.S.
Local Support and Resources for Asylum Seekers in San Diego
San Diego is not just a beautiful coastal city; it is also a welcoming community for those seeking asylum. The city offers a range of local resources and support systems to help asylum seekers navigate the complex legal landscape. The City of San Diego and San Diego County provide various services that can be invaluable during your asylum process.
One of the significant challenges asylum seekers face in San Diego is understanding and complying with local and federal regulations. The U.S. Citizenship and Immigration Services (USCIS) office in San Diego is a crucial resource for filing your I-589 application and other necessary documentation.
Another common pain point for asylum seekers in San Diego is finding affordable housing and employment. The San Diego Housing Commission and San Diego Workforce Partnership can provide resources and guidance to help you secure housing and find job opportunities. These organizations understand the unique challenges faced by asylum seekers and are dedicated to helping you build a stable and secure life in San Diego.
Living in San Diego also means dealing with the high cost of living, which can be particularly challenging for new arrivals. Local food banks, such as the San Diego Food Bank, and community health centers, like the Family Health Centers of San Diego, offer essential services to help you meet your basic needs while you focus on your asylum application.
By leveraging these local resources and understanding the specific challenges faced by asylum seekers in San Diego, you can navigate the asylum process more effectively and start building a new life in this vibrant community. Our team is here to guide you every step of the way, ensuring you have the support and information you need to succeed.
Commonly Asked Questions
What are the eligibility criteria for seeking asylum in San Diego?
To be eligible for asylum in San Diego, an individual must demonstrate a well-founded
fear of persecution based on race, religion, nationality, membership in a particular
social group, or political opinion. This persecution must have occurred in the
past
or there must be a high likelihood of it occurring in the future. The applicant
must
file for asylum within one year of entering the United States and can include
their
spouse and children under 21 in their application.
Can I apply for U.S. citizenship after being granted asylum?
Yes, after being granted asylum, you can apply to become a
permanent resident
of the United States after one year of asylum status. Following that, you are eligible to
apply for U.S. citizenship
four years after obtaining permanent residency. This path to citizenship is a significant
benefit for those who have been granted asylum and wish to make the U.S. their
permanent home.
Our integrity is the key to a successful Attorney-Client relationship. We are committed to always serving your best interest with integrity and respect.
Honesty
We understand that clients need to trust their attorney. We work hard to earn your trust by being transparent and honest with our legal advice and proposed solutions.
Commitment
Our commitment to our clients will never waiver. We strive to always provide our clients with professional services and the best legal solutions available.
Mission
We are here to help immigrant families live the American dream. We do this by offering competitive Fees and Payments Plans designed to help you afford our services.
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