Frequently Asked Questions About Asylum Applications for B1/B2 Tourist Visa Holders

By Asim Kilinc, Immigration Attorney at CK Law Firm

There are multiple ways to enter, live, work, or settle in the United States today. In this article, I will address one of the most frequently asked questions I encounter: asylum applications for B1/B2 visa holders. Based on the hundreds of clients I have assisted with their cases, I believe this article will answer many of the questions that B1/B2 visa holders may have regarding the asylum process. By reading this post, you can find answers to the following questions:

1. Can B1/B2 visa holders apply for asylum in the United States?
2. What are the reasons for B1/B2 visa holders to apply for asylum?
3. What steps should B1/B2 visa holders take when applying for asylum?
4. Is there a specific deadline for filing an asylum application?
5. What can applicants expect after submitting an asylum application?
6. What should B1/B2 visa holders be aware of when applying for asylum?
7. What can B1/B2 visa holders do if their asylum application is denied?
8. Can B1/B2 visa holders work after applying for asylum?
9. How long is the work permit valid after applying for asylum, and can you work anywhere with it?
10. When can B1/B2 visa holders who have been granted asylum apply for a Green Card?

If you have any additional questions on the subject, please don’t hesitate to contact me through the comments section below this article, by sending a direct message on LinkedIn, or through the CK Law Firm Immigration Law Firm’s website, of which I am a co-founder.

Can B1/B2 Visa Holders Apply for Asylum in the United States?

Yes, B1/B2 visa holders can apply for asylum while they are in the United States. Although B1/B2 visa holders are in the U.S. temporarily, they may apply for asylum under certain conditions. To be granted asylum, the applicant must have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion if they were to return to their home country. Therefore, the right to apply for asylum depends on whether the individual’s situation meets these criteria.

What Are the Reasons for B1/B2 Visa Holders to Apply for Asylum?

B1/B2 visa holders can apply for asylum if they have a well-founded fear of persecution upon returning to their home country. This persecution can be based on the applicant’s race, religion, nationality, membership in a particular social group, or political opinion. The primary reasons for seeking asylum are:

• Race: Persecution based on race, such as facing discrimination or violence because of belonging to a specific ethnic group.
• Religion: Persecution based on religious beliefs, such as being unable to practice one’s faith freely or being threatened because of religious beliefs.
• Nationality: Persecution based on nationality, such as facing pressure due to citizenship or ethnic background.
• Membership in a Particular Social Group: Persecution due to belonging to a specific social group, such as sexual orientation, gender, social status, or family ties.
• Political Opinion: Persecution based on political opinions, such as being punished or oppressed for holding anti-government views or engaging in political activities.

Any of these reasons, or a combination thereof, may qualify an individual for asylum if they face persecution upon returning to their home country. People in such situations can seek protection in the United States by applying for asylum.

What Steps Should B1/B2 Visa Holders Take When Applying for Asylum?

The steps that B1/B2 visa holders should follow when applying for asylum include:

• Determining the Asylum Strategy: First, the applicant’s asylum strategy should be determined. This strategy is shaped based on the applicant’s situation and the reasons for seeking asylum.
• Evaluating the Acceptance/Denial Rates of the Asylum Office Where the Application Will Be Filed: The acceptance and denial rates of the asylum office where the application will be filed should be evaluated. This evaluation is essential in choosing the location for the application.
• Revising the Statement Written by the Client Based on the Asylum Reason: The statement written by the applicant based on their asylum reason should be carefully reviewed and revised. This statement forms the basis of the application and must include evidence supporting the applicant’s claim of persecution.
• Gathering the Necessary Documents for the Application: All necessary documents for the application should be gathered. These documents include the applicant’s identification documents, evidence of persecution in their home country, and other supporting documents.
• Preparing the Application: The application form (Form I-589) should be completed with the revised statement and gathered documents. This form is the foundation of the application and must be filled out accurately and completely.
• Final Review After the Application Is Prepared: After the application is completed, all documents and the application form should be reviewed one more time. At this stage, it is essential to check for any omissions or errors.
• Submitting the Application: The application form and supporting documents must be sent to USCIS. Timely and accurate submission of the application is crucial for the successful progress of the process.
• Preparing for the Interview: If the application is accepted, the applicant must prepare for the interview. The interview plays a significant role in the evaluation of the application, and the applicant must be well-prepared to explain their situation clearly.
• Interview and Evaluation Process: During the interview, the applicant’s situation will be thoroughly examined, and the validity of the application will be assessed. The evidence and statements provided by the applicant are of great importance in this process.

Is There a Specific Deadline for Filing an Asylum Application?

Yes, an asylum application is generally required to be filed within one year of entering the United States. However, there are some exceptions for applications that exceed this time limit. For example, if there has been a significant change or event that prevented the applicant from applying, this period may be extended. The applicant must document these changes or events with evidence. Therefore, for the application to be accepted, the time limit must be met, or special circumstances must be documented.

What Can Applicants Expect After Submitting an Asylum Application?

Applicants will undergo an interview during which the validity of the application and the credibility of the fear of persecution will be examined. During the interview, the applicant is expected to explain their situation in detail and answer the questions accurately. Additionally, further documents and evidence may need to be submitted during the application process. If the application is approved, the applicant will be eligible to apply for a Green Card.

What Should B1/B2 Visa Holders Be Aware of When Applying for Asylum?

Applicants must provide sufficient evidence to support their application. This evidence can include personal statements, witness testimonies, country condition reports, and other supporting documents. The completeness and accuracy of the evidence are crucial for the approval of the application. Additionally, the application form must be filled out carefully and correctly. Providing incorrect or incomplete information can lead to the rejection of the application or prolong the process.

What Can B1/B2 Visa Holders Do if Their Asylum Application Is Denied?

If an asylum application is denied, the case will be referred to immigration courts by the immigration officer. During this process, the asylum request will be re-evaluated by the U.S. Immigration Court. In court, the applicants may need to present new evidence and better explain their situation. Additionally, obtaining legal support is crucial for the success of the application process. The appeal process allows for the re-evaluation of the applicant’s situation and the correction of potential errors.

Can B1/B2 Visa Holders Work After Applying for Asylum?

Individuals who apply for asylum can apply for a work permit (Employment Authorization Document – EAD) 150 days after their application is accepted. A separate application must be submitted to USCIS to obtain a work permit. Obtaining a work permit helps the applicant to be economically independent and sustain their livelihood. During this process, the applicant must obtain the necessary documents and permits to work legally.

How Long Is the Work Permit Valid After Applying for Asylum, and Can You Work Anywhere With It?

The work permit (Employment Authorization Document – EAD) granted to individuals who have been granted asylum is valid for 5 years. After applying for the work permit, the EAD and Social Security Number (SSN) are sent together. This work permit allows the individual to work legally at any workplace in the United States. However, specific professions or industries may require additional licenses or certifications. The work permit holder must also meet these additional requirements. For more information on the work permit and renewal processes, please contact us.

When Can B1/B2 Visa Holders Who Have Been Granted Asylum Apply for a Green Card?

Individuals whose asylum applications are approved can apply for a Green Card (Permanent Resident Card) after one year. This process allows individuals to permanently reside in the United States and eventually apply for American citizenship. To apply for a Green Card, the necessary documents must be prepared, and an application must be submitted to USCIS. Once the Green Card application is approved, the applicant will have the right to live and work permanently in the United States.

Applying for asylum is a complex process, and each step must be carefully followed. The approval rate for asylum applications for individuals represented by an attorney is twice as high as those not represented by an attorney. Attorneys play a significant role in the asylum process; they provide expert support in preparing accurate and complete documents, making necessary preparations for the interview, and tracking important deadlines. Therefore, it is recommended that those considering applying for asylum work with an attorney. For more information and support, don’t hesitate to get in touch with me directly via LinkedIn, email me at info@cklawfirm.org, or visit the CK Law Firm Immigration Law Firm’s website!

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is known for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar. He specializes in U.S. immigration law.

Attorney Kılınç has significantly contributed to CK Law Firm’s success in immigration law by applying his deep knowledge and experience in this area. He has played an active role in preparing over 1,000 cases related to immigration law and has proven his expertise. By offering comprehensive and professional legal support, he facilitates his clients’ adaptation to their new lives in the United States.

Kılınç also possesses extensive knowledge of U.S. asylum applications. He provides meticulous guidance to his clients throughout the process, ensuring they receive the best legal advice. From citizenship to Green Cards, work permits, and other immigration processes, he offers the highest quality service to his clients, supporting them from the start to U.S. citizenship.

Strengthening CK Law Firm’s leadership in immigration law and U.S. asylum applications, Attorney Asım Kılınç offers reliable and effective legal consultancy services, standing by his clients on their journey to establish a new life in the United States.