Your Rights as an Asylum Seeker in the U.S.

The United States has long been a destination for individuals seeking protection from persecution, conflict, and danger. As an asylum seeker, you have certain rights that are protected under U.S. and international law, ensuring that you have a fair opportunity to present your case and find safety. At N. Shaw Law, we are dedicated to helping asylum seekers understand and exercise their rights effectively.

Here’s an overview of the rights you are entitled to as an asylum seeker in the U.S.:

1. The Right to Apply for Asylum

Under U.S. immigration law, anyone who is physically present in the United States, regardless of how they entered, has the right to apply for asylum. This includes those who entered without proper documentation or overstayed a visa.

Key Tip:To strengthen your case, it’s important to file your asylum application (Form I-589) within one year of your arrival in the U.S. There are exceptions to this rule, but it’s critical to seek legal guidance if you’re approaching or beyond this deadline.

2. Protection Against Removal

As soon as you express your intent to apply for asylum, you are entitled to protection against being deported until your case is resolved. This ensures that you can remain in the U.S. while presenting your claim for asylum.

Key Tip:Work with an experienced immigration attorney to ensure that you have the necessary evidence to support your claim and avoid complications during the process.

3. The Right to a Fair Hearing

Asylum seekers have the right to a fair and impartial hearing before an immigration judge if their case is not approved by U.S. Citizenship and Immigration Services (USCIS). During this process, you will have the opportunity to present evidence and explain why you fear persecution in your home country.

Key Tip:Prepare thoroughly for your hearing. This includes gathering supporting documents, practicing your testimony, and working closely with your attorney to address any challenges.

4. The Right to Legal Representation

Although the U.S. government does not provide free legal representation, you have the right to hire an attorney or seek pro bono legal assistance to help you navigate the asylum process. Having skilled legal representation significantly increases the likelihood of a successful outcome.

Key Tip:At N. Shaw Law, we specialize in asylum cases and can guide you through the complexities of the process, ensuring your rights are protected at every step.

5. The Right to Work Authorization

While asylum seekers are not immediately eligible to work in the U.S., you may apply for employment authorization if your asylum application has been pending for at least 150 days and no decision has been made. This allows you to support yourself and your family while your case is being processed.

Key Tip:Ensure your asylum application is complete and error-free to avoid delays that could impact your eligibility for work authorization.

6. The Right to Bring Family Members

If your asylum application is approved, you may apply to bring your spouse and children (under 21 and unmarried) to the U.S. through derivative asylum status. This is a vital pathway for reuniting families who have been separated due to conflict or persecution.

Key Tip:Act promptly after your asylum is granted to file for family reunification, as delays could impact your loved ones' ability to join you.

7. Protection from Discrimination

Asylum seekers are entitled to be treated fairly and without discrimination based on race, religion, nationality, or other protected characteristics throughout the application process.

Key Tip:If you encounter any mistreatment or bias, document the incident and consult with an attorney to address the issue appropriately.

How N. Shaw Law Can Help

Navigating the asylum process can be overwhelming, but you don’t have to face it alone. At N. Shaw Law, we are committed to providing compassionate and effective representation for asylum seekers. From filing your application to preparing for interviews and hearings, we’ll be by your side every step of the way.

Contact us today for a consultation. Together, we can work to secure the protection and peace of mind you deserve.