Aliens in California may be able to get asylum to stay in the U.S. if they face persecution in their home country for their:
- race,
- religion,
- nationality,
- membership in a particular social group, and/or
- political opinion
It is free to apply for asylum. And after one (1) year, asylees may be able to adjust status to legal permanent residents.
Update: June 25, 2020 — Rejected asylum seekers may not object in court
The Supreme Court said it is constitutional for the federal court to have limited ability to review the deportation of asylum seekers. Read the New York Times article.
Update: June 11, 2018 — limited asylum for domestic and gang violence
On June 11, 2018, the Trump administration announced a new United States asylum policy. Under the new policy immigration judges generally cannot consider domestic and gang violence as grounds for asylum.
An applicant based on these grounds now faces a very high hurdle to prove that his/her government is unable and unwilling to protect victims.
Below our California asylum attorneys provide an overview of the eligibility requirements, application process, time frames, and costs for securing asylum in California.
- 1. What are the requirements to get asylum in Los Angeles, CA?
- 2. How do I apply for asylum in Los Angeles, CA
- 3. What is the fee to get asylum status?
- 4. When will I get asylum status in Los Angeles, CA?
- 5. How long does asylum last?
- 6. Can families receive asylum in Los Angeles, CA?
- 7. Can asylees have a job?
- 8. Can asylees become legal permanent residents?
Some people use the words “asylee” and “refugee” interchangeably, but they are different. Refer to our article on California refugee laws.
1. What are the requirements to get asylum in Los Angeles, California?
Aliens currently on U.S. soil may be eligible for asylum if they meet the definition of refugees.
Refugee means that the person has a well-founded fear of persecution in his/her home country due to his/her:
- race,
- religion,
- nationality,
- membership in a particular social group, and/or
- political opinion
In short, foreigners in the U.S. may request asylum to remain in the U.S. if it is too dangerous to return to their home country.
1.1 Bars to asylum in California
Persecuted foreigners are not eligible for asylum in any of the following situations:
- The alien was convicted of a serious offense (such as rape or murder);
- The alien poses a security risk to the U.S; or
- The alien had been firmly resettled in another country before coming to the U.S
Note that a foreigner’s country of origin or current immigration status are not bars to getting asylum.
2. How do I apply for asylum in Los Angeles, California?
Asylum applicants in California must submit Form I-589 to the United States Citizenship and Immigration Services (USCIS) within one (1) year of arriving in the U.S. The application process may also require an interview with an immigration officer.
3. What is the fee to get asylum status?
It costs nothing to apply for asylum in California.
4. When will I get asylum status in Los Angeles, California?
Obtaining asylum in California takes about six (6) months.
5. How long does asylum last?
There is no general expiration date to asylum status in California. However, the USCIS can revoke asylum in any of the following situations:
- The asylee committed a deportable offense;
- The asylee obtained protection from another nation;
- The asylee committed fraud in order to receive asylum status; or
- The asylee no longer has a well-founded fear of persecution.
6. Can families receive asylum in Los Angeles, California?
Foreigners may seek asylum for themselves and their:
- spouse, and/or
- children who are unmarried and under 21
7. Can asylees have a job?
Asylum status does not authorize the asylee to work. Asylees wishing to have a job need to apply for employment authorization through USCIS Form I-765.
8. Can asylees become legal permanent residents?
Yes. Asylees are usually eligible to become legal permanent residents after one (1) year of asylum status. The green card application is USCIS Form I-485.
Call a California immigration attorney…
If you are seeking asylum in California, phone our California immigration attorneys for a free consultation. If you are LGBT, we can also assist if you are facing persecution based on your sexual orientation.
For aliens seeking asylum in Nevada, see our article on Las Vegas asylum attorneys.