To qualify for asylum in the U.S., you must:

-Be physically present in the United States or seeking entry at a U.S. port of entry

-File your asylum application within one year of your arrival (exceptions may apply in certain circumstances)

-Submit Form I-589 to USCIS (Application for Asylum and for Withholding of Removal)

-Send supporting documents that demonstrate your fear of persecution

-Attend an interview with an asylum officer

-Wait for the decision on your application

If your asylum is approved, you may:

-Remain legally in the United States

-Apply for a work permit (EAD)

-Eventually apply for a green card (after one year)

-Access certain government benefits and assistance programs

If your application is denied, you may be placed in removal proceedings but may have the opportunity to present your case before an immigration judge.

Defensive asylum is distinct from affirmative asylum, which is the process of seeking asylum before being placed in deportation proceedings. In contrast, defensive asylum is sought after an individual has been placed in deportation proceedings, usually because they entered the country without proper documentation or violated the terms of their visa.

If an individual's defensive asylum claim is approved, they will be allowed to remain in the country and may eventually be granted permanent residency. However, if their claim is denied, they may be deported back to their home country.

To be eligible for withholding of removal, an individual must show that it is more likely than not that they will be persecuted based on one of the same five grounds as asylum. However, withholding of removal has a higher standard of proof than asylum, as the individual must demonstrate that it is more likely than not that they will face persecution, rather than just having a well-founded fear of persecution.

It's important to note that withholding of removal does not provide as much protection as asylum, and it does not provide the same benefits. For example, individuals granted withholding of removal may be subject to periodic review to determine if the conditions in their home country have changed such that they no longer face a threat of persecution, and they may not be able to travel outside the United States.

In the context of the I-589 form, individuals who are seeking protection under the CAT must provide evidence that they have been or are at risk of being tortured in their home country. This evidence can include medical records, witness statements, or other documentation. If an individual is found to meet the requirements for protection under the CAT, they may be granted relief from removal or deportation from the United States.

To qualify as a petitioner, you must:
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• Have been granted asylum or refugee status within the last 2 years
• Be filing on behalf of your spouse or unmarried child under 21 years old

Important distinctions:
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• If you're a refugee, your relative must be outside the United States
• If you're an asylee, your relative may be inside or outside the U.S.

The I-730 petition includes:-Submit Form I-589 to USCIS (Application for Asylum and for Withholding of Removal)
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• Personal details of the petitioner and the beneficiary
• Documentation proving your refugee/asylee status
• Proof of family relationship (e.g., marriage certificate, birth certificate)
• Evidence showing the beneficiary qualifies for derivative refugee/asylee status

If USCIS approves the I-730:

• Your spouse or child is granted asylee or refugee status
• They are allowed to enter and live legally in the United States
• After 1 year, they may apply for lawful permanent residency (green card)

The I-730 petition process is highly technical, with strict deadlines and document requirements. Mistakes or missing evidence can delay or even jeopardize family reunification. Working with an experienced immigration attorney ensures your petition is properly filed and supported with the right documentation.

At The Jurado Firm, we guide refugees and asylees through every step of the I-730 process—because your family belongs together.

Typically, asylum seekers must wait 150 days after filing their asylum application (Form I-589) before they can apply for an EAD. Once the application is pending for 180 days, USCIS may issue the Employment Authorization Document, enabling the applicant to:
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• Legally work in the U.S.
• Obtain a Social Security Number
• Gain access to employment opportunities while their case is reviewed

While an Asylum EAD allows you to work legally, it does not grant asylum or lawful permanent residency. It is simply a temporary work permit issued while USCIS or an immigration court reviews your case.