Asylum

Costa Mesa Asylum Lawyer

Personalized and Compassionate Legal Assistance in Irvine

Attorney Joyce Komanapalli Jones is a compassionate and trustworthy lawyer who will work personally with you to navigate California’s legal system. Seeking asylum in particular can be a nuanced process best guided by an experienced asylum lawyer like Attorney Jones.

Applying for Asylum

Aliens in California are able to seek 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 does not cost anything to apply for asylum, and after 1 year, asylees may be able to adjust their status to become legal permanent residents (LPRs).

Note that persecuted foreigners are not eligible for asylum if they:

  • were convicted of a serious offense (e.g., rape or murder);
  • pose a security risk to the U.S; or
  • had been firmly resettled in another country before coming to the U.S.

A foreigner’s country of origin or current immigration status are not bars to obtaining asylum.

In California, foreigners may seek asylum for themselves and their spouse and/or children who are unmarried and under 21 years old. Asylum applicants must submit Form I-589 to the United States Citizenship and Immigration Services (USCIS) within 1 year of arriving in the U.S. The application process may also require an interview with an immigration officer. The whole process for obtaining asylum will take about 6 months.

Generally, there is no expiration date to asylum status in California, though the USCIS can revoke asylum if the asylee:

  • committed a deportable offense;
  • obtained protection from another nation;
  • committed fraud in order to receive asylum status; or
  • no longer has a well-founded fear of persecution.

The interested individual must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. As mentioned earlier, asylees are usually eligible to become LPRs after 1 year of asylum status via USCIS Form I-485.

Schedule a free consultation with the Law Offices of Joyce Komanapalli Jones online or by phone at (949) 264-0323 to learn more.

Work Authorization for Asylees

While asylum grants individuals legal residence in the U.S., 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. Note that a person cannot apply for permission to work (employment authorization) at the same time they apply for asylum. A person may apply for employment authorization 365 calendar days after they file their complete asylum application.

An individual may be eligible to receive employment authorization based on a pending asylum application if:

  • they entered the U.S. lawfully on or after Aug. 25, 2020;
  • they filed the asylum application within 1 year from the date of their last arrival into the U.S.; an asylum officer or immigration judge determined that they qualify for an exception to the 1-year filing deadline; or they are an unaccompanied alien child on the date the asylum application was first filed;
  • they appeared for any scheduled biometric services appointments related to their application for asylum or employment authorization;
  • they appeared for their interview with a USCIS asylum officer, or their hearing before an immigration judge, if requested or scheduled;
  • they do not have an outstanding applicant-caused delay related to their asylum application when they file their initial application for employment authorization; and
  • no final decision has been made on their asylum application.

Note that certain criminal offenses or convictions will make a person ineligible for an employment authorization. They will be ineligible based on their pending asylum application if:

  • they have been convicted, at any time, of any aggravated felony in the U.S. or abroad;
  • they have been convicted, on or after Aug. 25, 2020, of a particularly serious crime; or
  • there are serious reasons to believe that they committed a serious non-political crime outside the U.S. on or after Aug. 25, 2020.

Contact the Law Offices of Joyce Komanapalli Jones Today!

Applying for asylum can be a complex process that could take around 6 months to complete. If you are seeking asylum in California, consult an experienced lawyer like Attorney Joyce Komanapalli Jones to build your case for asylum. Attorney Jones can walk you through the application process to establish legal residence out of protection from your home country, and she can also help you figure out next steps for employment authorization and how to apply later to be a legal permanent resident.

Schedule a free consultation with the Law Offices of Joyce Komanapalli Jones online or by phone at (949) 264-0323 to learn more.

Why Choose the Law Offices of Joyce Komanapalli Jones

  • Experienced

    Attorney Joyce Komanapalli Jones has over 15 years of experience. She is committed to promoting peace, stability, and freedom for individuals and families throughout California while guiding them through the complexities of the legal system.

  • Responsive

    Communication is a key differentiator in our practice. We want you to feel informed about the status of your case every step of the way. Our goal is to never leave you guessing on where we are at with your case.

  • Personal Attention

    We sit down with every client to give them the personal attention their case needs. We want to build a relationship with you and understand the importance of fostering a comfortable environment.

Awarded & Top Rated

  • AVVO Client's Choice
  • Top Rated Lawyer 2020
  • Top Rated Lawyer 2021

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