Political Asylum

Political asylum acts as a vital legal and humanitarian tool, offering safety to those who have left their home nations due to a valid fear of persecution based on factors such as their political views, beliefs, ethnicity, nationality, religion, or social affiliation.

You have the option to apply for asylum in the US regardless of your method of arrival or current immigration status. To pursue affirmative asylum, you need to complete Form I-589, Application for Asylum and for Withholding of Removal, and submit it to the US Citizenship and Immigration Services (USCIS). As part of the affirmative process, individuals generally need to apply for asylum within one year of their most recent entry to the US, unless they can demonstrate:

• Significant changes in circumstances that directly impact their eligibility for asylum, or

• Extraordinary reasons for the delay in filing, and that they submitted their application in a reasonable timeframe given those reasons.

Once USCIS accepts your application, you’ll receive an acknowledgment notice and an appointment for biometrics services. The process includes security checks and scheduling an interview where you will present evidence of your credible fear of persecution if you were to be returned to your home country. The entire procedure, spanning from application submission to approval, usually takes around six months.

In case your application is not approved by USCIS following your interview, you still have the option to re-apply using the defensive process.

Asylee Relative Petition

If you are the primary refugee who has been granted admission to the United States in the last 2 years or the primary recipient of asylum status within the last 2 years, you (as the petitioner) can utilize this form to seek permission for your spouse and unmarried children below 21 years of age (the beneficiaries) to join you in the United States. In specific situations, unmarried children above 21 years of age might also qualify for immigration benefits that allow them to follow and join you.

Status for Fiances (K-1)

A K-1 visa, known as a fiancé visa, is a type of nonimmigrant visa permitting a foreign-citizen fiancé of a U.S. citizen to enter the United States for the purpose of marriage and subsequently pursuing permanent residency (LPR) through the marriage-based green card procedure. As of 2023, the typical processing duration for obtaining a fiancé visa is around 9 months, with an application fee of $800. While processing times can differ, historically, the K-1 fiancé visa has been the swiftest avenue for unmarried couples to reunite within the U.S. Once the application is approved, the next step involves arriving in the U.S. and proceeding with the marriage ceremony.

Citizenship

To attain U.S. citizenship, certain prerequisites need to be met:

• You should be 18 years of age or older.
• You must hold the authorization to permanently reside and work in the U.S. (commonly referred to as a green card) for a minimum of five years (or three years if married to a U.S. citizen).
• Continuous residency in the U.S. for at least five years (or three years if married to a U.S. citizen) and physical presence within the U.S. for at least half of that duration are necessary.
• Proficiency in basic English in reading, writing, and speaking is required.
• Certain individuals may be exempt from English language and U.S. history and civics requirements based on factors like age, duration as green card holders, and disabilities. Further details about exceptions and accommodations can be found here.
• A grasp of fundamental U.S. history and government principles is essential.
• You must exhibit “good moral character.”
• Taking a loyalty oath to the United States and pledging allegiance to the Constitution and the U.S. form of governance is mandatory.

Petition to Remove Conditions

To secure a permanent green card, complete Form I-751, known as the “Petition to Remove Conditions,” if you or your spouse have conditional permanent residency. Remember these key points:

• Complete the form jointly, with both spouses signing.

• File I-751 within 90 days before your conditional residency expires. Early filing could lead to return, and late filing might be denied without valid reasons.

• Provide new marriage evidence due to the extended two-year marriage duration. Include updated photos, joint financial records, and evidence of shared children. This complements your initial green card application evidence.

• Enclose copies of both sides of your conditional green card with the required fees. 

Submit your application promptly upon becoming eligible. Failure to file could result in losing your status and potential removal from the U.S. Although USCIS might consider late filings under exceptional circumstances, a written explanation must accompany your petition.

Replacement of Green Card

A U.S. green card permits individuals to reside and work in the United States, initiating the path towards naturalized U.S. citizenship. This card grants permanent residency in the U.S., providing numerous benefits similar to those of a citizen, albeit not all.

You should consider replacing your U.S. permanent resident card if:

• Your current card is about to expire or has expired, which could cause travel and proof of status issues.

• Your legal name, gender, or other personal details have changed, requiring an updated card.

• Your card is damaged, unreadable, or not easily recognizable due to wear and tear.

• The U.S. Citizenship and Immigration Services (USCIS) issued a new card design, prompting you to replace your old card for consistency and validity.

• Errors in biographic information, like name or birthdate, need correction for accurate records.

• If you’ve gained U.S. citizenship or adjusted your immigration status, your card should reflect your current legal standing.

• In case of loss or theft, replacing the card is crucial to prevent identity theft or unauthorized use.

• If your signature has notably changed since getting the card, you might want to update it.

To obtain a new U.S. permanent resident card, typically, you’ll have to complete Form I-90, the Application to Replace Permanent Resident Card. This form should be accompanied by the necessary documents and applicable fees.

Abused Spouse Petition

If you are an abused spouse of a U.S. citizen or a lawful permanent resident (green card holder), you may have options for immigration relief. One common option is the Violence Against Women Act (VAWA) self-petition. This allows victims of abuse who are married to U.S. citizens or permanent residents to apply for immigration benefits without the abuser’s knowledge or consent.

Eligibility for self-petition under VAWA is based on these categories:

Spouse: Battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under 21 can be included.

Parent: Parent of a child abused by a U.S. citizen or lawful permanent resident spouse. Children under 21 can be included.

Child: Battered child under 21, abused by U.S. citizen or lawful permanent resident parent.