Frequently Asked Questions about Asylum Status in Nevada

July 24, 2022 Firm News

Asylum status provides legal protections to people who have fled their home countries and are residing in the United States. If you have been persecuted or have a fear of being persecuted due to your race, sexual orientation, political beliefs, religion, or other social characteristic, you could apply for asylum.

The application process can be complex, but an immigration attorney can guide you through the process. Here are answers to some of the most frequently asked questions about asylum status in Nevada.

Who Is Eligible for Asylum in Nevada?

You are eligible to seek asylum status in Nevada if you meet the following requirements:

• You are currently living in the United States or requesting admission at a port of entry, such as a land border crossing.
• You have a reasonable fear of persecution in your home country due to your race, nationality, political beliefs, nationality, or membership in a social group. This does not include fear of gang violence or domestic abuse.

How Do You Apply for Asylum Status in Nevada?

The United States Citizenship and Immigration Services (USCIS) is the federal government agency that oversees immigration processes, including applications for asylum status. To apply, you will first need to submit a Form I-589 within your first year of living in the United States.

After you submit the application, you may need to attend an interview where a USCIS official will assess your eligibility for asylum.

How Long Does It Take to Get Asylum in Nevada?

From start to finish, the process for obtaining asylum takes about six months on average. This timeline can change depending on the complexity of your case and USCIS backlogs.

How Much Does It Cost to Apply for Asylum?

There is no fee for an asylum application. 

Can You Apply for Asylum for a Spouse or Child?

If you plan on applying for asylum, you can add your spouse and any of your children who are living in the United States to your application. However, your children must be under the age of 21 and unmarried.

Does Asylum Status Expire?

Unlike other types of visas, there is no expiration date on asylum. However, the government may terminate asylum status if it finds any of the following:

• You have committed a deportable offense. 
• You obtained asylum under fraudulent means.
• You obtained protection from another country.
• You no longer have a reasonable fear of persecution.

Can You Apply for Permanent Residence After Asylum?

If you obtain asylum and live in the United States for at least one year, you can apply for lawful permanent residence. You will need to complete USCIS Form I-485 for yourself and any family member who obtained asylum under your initial case.

Can You Work with Asylum Status?

You are not automatically authorized for work if you apply for asylum status. You will need to complete a separate form known as USCIS Form I-765.

Do You Need an Attorney to Get Asylum Status?

Hiring a lawyer is not required to obtain asylum status. However, having the support of an immigration attorney can be extremely valuable during the process. Your lawyer can help you navigate the application process and ensure that your rights are protected.

If you are seeking asylum status in Nevada, contact an immigration attorney as soon as possible to discuss your legal options. Your attorney will carefully evaluate your case and help you strategize your next steps.