The asylum visa for the United States is intended for individuals seeking protection due to persecution or a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or belonging to a particular social group. Therefore, applicants are granted permission to remain in the country, live, work, and eventually apply for permanent residency, the Green Card, after their asylum application is approved.
To be eligible for asylum in the United States, you must meet certain criteria:
You must be physically present in the United States, either legally or illegally. Asylum can also be requested upon arrival at the border, but it cannot be requested outside of the country.
There must be a well-founded fear of persecution based on race, religion, nationality, political opinion, or belonging to a particular social group. This fear must be genuine, and the applicant must be unable or unwilling to return to their home country due to this fear.
The asylum application must be filed within one year of the applicant’s last entry into the U.S., unless certain exceptions apply, such as significant changes in the applicant's circumstances or other extraordinary conditions.
The applicant must provide credible evidence and testimony to support their claims of persecution.
We are a law firm specialized in immigration law, led by attorney Dr. Otávio Haverroth Silva, who is licensed by both the California Bar Association and the Brazilian Bar Association. Additionally, we are a member of AILA (American Immigration Lawyers Association), ensuring that our immigration practices are always aligned with the latest U.S. policies and regulations.
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We had a consultation with Dr. Otávio, and he was extremely professional and insightful. He answered all our questions and presented us with the most appropriate action plans. After this consultation, we decided to hire HS Law Corp services with the confidence that we are working with a responsible team that will do everything possible for the success of our case.
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Yes. If you have children or a spouse abroad who were included in the initial petition, they will need to apply for visas to enter the United States.
Yes, it is possible to move to another state while the U-Visa is pending. However, it is important to follow some guidelines to ensure that the move does not interfere with the processing of the application:
Following these steps will help ensure that your move does not cause complications in the processing of your U-Visa.
Yes, an immigrant can leave the United States while their U-Visa application is pending, but they must be cautious and aware of some important considerations. The U-Visa is intended for victims of certain crimes who have assisted or are assisting authorities in investigating or prosecuting these crimes.
Here are some crucial points to consider:
Therefore, while it is possible to travel outside the United States while awaiting U-Visa processing, it is essential to do so with caution and proper legal preparation to avoid compromising the application.
Lack of cooperation may result in the denial or revocation of the U-VISA.
Yes, spouses, children under 21 years old, and, if the applicant is under 21, parents and siblings under 18 years old.
After the U-Visa process is approved, and after 3 years of continuous presence in the U.S. with the U-Visa, the petitioner may apply for permanent residency (green card).
No. The process is confidential and the abuser is not notified.
Yes, children under 21 years old can be included as dependents.
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