How to get "Asylum" status in Las Vegas, Nevada

status may be granted to people inside the United States who are unable or unwilling to go back to their home country because of a well-founded fear of persecution due to their (1) race, (2) religion, (3) nationality, (4) membership in a particular social group, and/or (5) political opinion. Las Vegas Nevada Immigration Court hears hundreds of asylum cases every year.

Update: April 29, 2019 -- Trump wants to impose fees to asylees

President Trump wants to impose application fees on immigrants seeking asylum, and he gave his administration 90 days to implement this new policy. There has been immense push-back from activists, and it is unclear whether these new fees will be actually imposed. 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: Immigration judges generally cannot consider domestic and gang violence as grounds for asylum.

Asylum applicants based on these grounds now have a much harder time proving that their government is unable and unwilling to protect victims.

Below our Las Vegas asylum attorneys answer frequently-asked-questions about asylum status in Nevada. Click on a topic to go directly to that section.

While many people use “asylee” and “refugee” interchangeably, they mean two separate things. See our article on Nevada refugee laws. For other ways to obtain immigration status, see our articles on deferred action in Nevada and VAWA in Nevada.

Flag 20sky
Foreigners must already be in the U.S. to seek asylum in Nevada.

1. Am I eligible for asylum in Las Vegas?

The United States Citizenship and Immigration Services (USCIS) may grant a foreigner the status of asylum in Nevada if the individual:

  • meets the definition of refugee (which means he/she has a well-founded fear of persecution in his/her home country due to his/her race, religion, nationality, political opinion, or social group membership); and
  • is currently residing in the U.S. or is requesting admission at a port of entry

So if a foreigner under persecution in his/her home country somehow makes it to safety in Las Vegas, he/she may request asylum while still living in Nevada. Upon determination that the individual is eligible for asylum, he/she will be allowed to remain in the U.S.

Note that domestic and gang violence are not currently grounds for asylum. (See Elliot Spagat The Associated Press, "Sessions says domestic, gang violence not grounds for asylum in US", Las Vegas Review-Journal (June 11, 2018).

Note that an alien's eligibility for asylum status has nothing to do with his/her current immigration status or his/her country of origin.

2. What is the application process for asylum in Las Vegas?

To begin the application process for asylum status, the foreigner is required to submit a Form I-589 to the USCIS within the first year of his/her arrival in the U.S. The foreigner may also have to attend an interview. Las Vegas Immigration Court has jurisdiction over asylum cases in Nevada. 

3. What is the timeframe for getting asylum?

About six months.

4. How long does asylum status last?

Flag 20gavel
There are no set expiration dates for asylum status in Nevada, but it can be terminated for cause.

Asylum grants do not have a definite expiration date, but the USCIS may terminate asylum if the asylee either:

  • committed deportable offenses
  • obtained another country's protection
  • perpetrated fraud to get asylum in the first place, or
  • no longer has a well-founded fear of persecution

5. What is the fee to get asylum?

Similar to a refugee application, there is no fee required for an asylum application.

6. Can permanent residence follow asylum?

If granted asylum, an individual may be qualified for a green card after one year. The proper document is USCIS Form I-485, and individual forms will need to be completed for each family member that has received derivative asylum based on the individual's initial case.

7. Can an asylee's spouse and children get asylum?

When applying for asylum, an individual may incorporate his/her husband or wife and any kids who are in the U.S. But note that the children must be under 21 and unwed.

8. Can asylees work?

Applying for asylum status does not immediately authorize the person for employment. While an individual applying for asylum may be eligible for employment, it is a separate process and requires separate documentation (USCIS Form I-765).

Call a Nevada immigration attorney...

If you are seeking asylum status in Nevada, contact our Las Vegas immigration attorneys right now for a consultation at 702-DEFENSE (702-333-3673). Our attorneys are also at the forefront of fighting for LGBT legal rights in Nevada and can assist clients seeking asylum because of persecution based on sexual orientation. 

Foreigners who are abroad in emergency situations may be eligible for humanitarian parole in Nevada. Also read about immigration through adoption in Nevada.

For non-citizens in California seeking asylum, see our article on California asylum attorneys.








Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Call us 24/7 (855) 396-0370