Frequently Asked Questions
An asylum claimant needs to prove that he or she fears to return to their home country due to past persecution or future persecution based on grounds of nationality, race, gender, social group religion, or political opinion.
Asylum, cases are adjudicated by asylum officers in case of an affirmative application for asylum or by an immigration judge in case of an asylum claim being used a relief against deportation proceedings initiated against the alien.
Asylum cases are normally heard before an immigration judge in court. However, before it reaches the judge in court, an asylum officer will conduct an interview to determine whether or not to forward the case to court.
The deadline for an asylum seeker to file for asylum is one year from the date of entry, minus one day.
You can get a green card through marriage to a green card holder. You must adjust your status based on your marriage to a green card holder and withdraw your asylum claim.
You can apply for asylum at any time as long as it is done within one year of your arrival to the U.S. and as long as they have a well-found fear of persecution in their home country and they don’t have a safe haven, a third country of settlement.
If your J-1 visa has expired and you have never returned to your home country after coming to the US you may be able to apply for asylum. However, you must file for asylum within one year since you entered the U.S. otherwise you must explain why you are filing for asylum past the one year deadline. Please consult an immigration attorney immediately so you can start applying for asylum.
Most family problems do not constitute a ground for asylum under US immigration laws. If you are legally married to your spouse, you can apply for a F-2 visa at the US Consulate in your home country.
You can work on campus and you can also apply for an authorization to seek employment off campus and you would have to show hardship and provide good cause that has caused hardship. Consult an immigration attorney and your school’s international student office. You should understand that leaving school while on F-1 visa will jeopardize your student status. The alternatives available to you so you can stay here legally are to marry a US citizen or you get a job and an employer to sponsor you. If you qualify you may also file for asylum, TPS, or a victims visa. Other temporary options could be a visitor visa (B1/B2) or a trainee/exchange visa (J-1) if you have a sponsor. Consult an immigration attorney to further discuss your options.
If a person has not suffered past persecution, he or she is still eligible for asylum based on a fear of future persecution alone if they were returned to their home country.
If an asylum application is granted, he or she can file a family-based petition for the son or daughter when the Asylee becomes a permanent resident.
Can a person get a green card by marrying an American citizen if their asylum case was denied and now in appeal?
If your asylum case was denied is now under appeal and you marry a U.S. Citizen, your spouse after marriage can apply for you, but it could take some time because you have an asylum case still pending.
Asylum is a lawful status permitting individuals to remain in a country other than their own because they either have been persecuted or have a well-founded fear that they would be persecuted (on account of race, nationality, religion, political opinion, or membership in a particular social group) in their home country. Technically, an applicant for asylum in the United States must meet the same legal standard as a Refugee. The difference is that an asylum applicant applies for this status while in the U.S., whereas a refugee is granted refugee status before arriving in the country. A person who has been granted asylum is an Asylee.
My green card was granted based on application for political asylum. I'm currently collating my files for my citizenship application. Now, do I have to renew the passport from my home country?
No. If you renew your passport of the country you applied asylum for, that would have negative implications.
An asylum application is frivolous if any of its material elements is deliberately fabricated.
A noncitizen who knowingly filed a “frivolous” asylum application, after notice of the consequences of doing so, is permanently barred from any relief under the INA except withholding of removal In order for the bar to be enforceable, however, an immigration judge or BIA must make such a finding of frivolousness by final order.
NO. A B-1 visa is reserved for Business visitors who are not allowed to be gainfully employed in the United States. B1 visa holders are limited in the actions that they may partake in while in the U.S. as a business visitor. In order for them to be able to work (gainful employment) while in the U.S. a work visa is required. An H-1B nonimmigrant visa is a work visa reserved for specialty occupation foreign workers.
Being a beneficiary, can I pay the sponsoring fees directly to the USCIS on behalf of the company which is sponsoring me?
No, you cannot pay the lawyer fees and USCIS filing fees as per the laws governing the H-1B non-immigrant visa program. Full fees of sponsoring a beneficiary have to be paid by the employer only.
Yes, it is possible provided they have been authorized to work in the US.
The H-1B program is entirely different from the Green Card process. With the H-1B program, one is able to combine both education and experience to satisfy the requirement of having the equivalent of a U.S. Bachelor’s degree in a specific field. However, with the Green Card process, education and experience cannot be combined for education equivalency to satisfy the employer’s minimum requirements for the position.
Can the employer initiate the employment based green card filing for an employee in the 5th or 6th year of the H-1B visa?
It is recommended that an employer initiate this process within the 4th or 5th year of H-1B status, or sooner depending upon the circumstances.
Is an employer required to file an amendment to a H-1B visa if the employee begins to work part-time instead of full-time?
Yes. An employer must file an amendment any time there is a substantial change of conditions from the approved H-1B visa, including switching from full-time to part-time employment, changing his or her job site, changing his or salary, changing his or her job duties, among other things.
How can I qualify for an O1 nonimmigrant visa? I want to come here, have an offer, but don’t know if I want to permanently stay in U.S.
To qualify for an O-1 in the Sciences, Education, Business or Athletics, a person must demonstrate either of the following:
- Receipt of a major, internationally-recognized award (e.g. the Nobel Prize), or
- At least three (3) of the following apply to him/her:
o Receipt of nationally or internationally recognized prizes or awards for excellence in his/her field.
o Membership in an association in the field which requires outstanding achievements of its members, as judged by national or international experts in the field.
o Published material in professional or major trade publications or major media about the person, concerning the person’s work in the field.
o Participation on a panel, or individually, as a judge of the work of others in the field.
o Scientific, scholarly, or business-related contributions of major significance in the field.
o Authorship of scholarly articles in the field in professional journals or other major media.
o Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
o High salary or other remuneration commanded by the person for services
How many working hours and days per week are required to be eligible for maintaining the part-time H-1B visa?
40 hours + per week is considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.
Each year 65,000 general CAP H-1B visas are available on April 1, for employment starting October 1 of that year. Additional 20,000 H1-B visas are provided for those who have a Master degree from U.S. universities. Once the annual statutory limit of a year is reached, an applicant can apply only on or after next April.
Is it possible to be awarded a EB1 Visa without having attained the required three years of teaching experience?
We would say it all depends on the prevailing circumstances. But an Immigration Attorney would be able to clear everything up if you pay us a visit.
I have a 3 year degree plus 1 year diploma and 18 years of work experience. Am I qualified to file EB2 application?
Sadly, your academic credentials do not equate to a US bachelor’s degree no matter the length of your work experience, hence, EB-2 will not be applicable.
- If you are eligible to file under EB2.
- If you have a willing sponsor and
- If you are already the recipient of an approved I-140 for the EB3 preference category.
The first step is to file for Labor Cer tification. Secondly, file the I-140 which is an Immigration Petition for Alien Relative and lastly file a petition to adjust your residency to permanent.
I have an approved I-140. My current employer filed an H-1B visa and a green card in the EB3 category. If I decide to change my employer, can I still adjust my status to a Legal Permanent Resident?
If you leave your current employer and that prompts them to end their intent to employ you in the future, you can carry your status to a new employer, using the old I-140 approval. This is possible as long as the new position is the same/similar to the one that was originally petitioned.
I want to know will be a problem if I got to the US as a student with a F1 visa, but after some time wanted to apply for the EB3?
It is difficult to go from an F1 to an EB3, but if you came with an intent to only study but a opportunity presented itself along the road, then you should do it.