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By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB-1A visa is a prestigious immigrant visa that provides permanent residency in the United States for individuals with extraordinary abilities. This visa category is specifically designed for those with international recognition in fields such as science, arts, education, business, or athletics. Doctors can apply for this visa category to obtain permanent residency in the U.S., but certain criteria must be met for the application to be successful.
After reading this post, you’ll find answers to the following questions:
- What is the EB-1A Visa?
- The 10 Criteria Doctors Must Meet for the EB-1A Visa
- The Application Process for the EB-1A Visa
- What Are the Advantages of the EB-1A Visa?
What is the EB-1A Visa?
The EB-1A visa, also known as the “Extraordinary Ability Visa,” is suitable for individuals who have demonstrated exceptional achievements in their fields and wish to obtain immigration status in the United States. Doctors can apply for this visa if they can prove their achievements and international recognition in the medical field.
The 10 Criteria Doctors Must Meet for the EB-1A Visa
- National or International Recognition: The doctor must have national or international recognition in the medical field. This can be proven through prestigious awards or significant accomplishments.
- Significant Medical Publications: The doctor should have published articles in medical journals, which demonstrate their expertise and contributions to the field.
- Leadership or Executive Roles: Holding leadership or executive positions in prestigious medical institutions is a significant advantage.
- Patents and Innovations: Developing patents or making innovations in the medical field is an important measure of the doctor’s extraordinary abilities.
- Academic Presentations: Presentations at national or international medical conferences increase the doctor’s recognition in the field.
- Peer Review and Evaluation: Acting as a peer reviewer for medical publications or projects demonstrates the doctor’s authority in the field.
- Professional Organization Memberships: Membership in prestigious professional organizations in the field indicates the doctor’s professional reputation and recognition.
- Teaching and Training Activities: Engaging in teaching, managing educational programs, or giving academic lectures in the medical field is crucial.
- Media Recognition: If the doctor’s achievements have been featured in national or international media, it positively impacts their EB-1A visa application.
- Recognition by Other Experts: Being recognized by other experts in the field, supported by reference letters, helps meet this criterion.
The Application Process for the EB-1A Visa
Doctors who wish to apply for the EB-1A visa must meet at least three of the above criteria. During the application, documents and references proving that these criteria are met must be submitted. The EB-1A visa is more advantageous than other visa types because it does not require employer sponsorship and grants doctors the right to permanently reside and work freely in the U.S.
The application process for the EB-1A visa can be complex; therefore, seeking support from an expert immigration lawyer is crucial for a successful application. Proper guidance and preparation can significantly increase the chances of approval. If you want to find out if you are eligible for the EB-1A visa, you can reach out to us for a free consultation through cklawfirm.org, info@cklawfirm.org, or directly via LinkedIn. All you need to do is send us your CV, and we will get back to you within 24 hours after reviewing it.
What Are the Advantages of the EB-1A Visa?
The EB-1A visa grants doctors the right to permanently reside in the U.S. and, unlike other immigrant visa types, it does not require employer sponsorship. With this visa, doctors can work freely in the U.S. and continue their careers in the medical field.
In conclusion, the EB-1A visa is a unique immigration option that offers extraordinary doctors the opportunity to live and work permanently in the United States. Doctors considering applying for this visa should carefully evaluate the application process and seek professional support.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.
Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.
By Ozlem Kara, Content Editor at CK Law Firm
CK Law Firm’s content editor Özlem Kara and the founding partner of CK Law Firm, Ergül Çeliksoy, who has handled numerous J1 Visa cases, came together on Ekşi Sözlük to answer the most frequently asked questions about the J1 Visa. We would like to thank Mr. Ergül Çeliksoy for the enjoyable interview.
After reading our interview with Mr. Ergül, you will find answers to the following questions:
- What is a J1 Visa?
- Who Can Apply for a J1 Visa?
- What Are the Requirements to Apply for a J1 Visa?
- Where to Apply for a J1 Visa?
- How to Apply for a J1 Visa?
- What to Expect After Applying for a J1 Visa?
Hello, Mr. Ergül. We would like to know more about you and your career. Could you tell us about yourself?
Certainly. I completed my master’s degree in International Law and Human Rights Law at the University of Nottingham in 2017 and then began my Ph.D. studies at the same university. In 2022, I earned my Doctorate in Law from the University of Nottingham School of Law. I have gained international recognition through my publications, research, and articles in my field. I have handled many cases and now, with the experience I have gained, I provide effective and solution-oriented services to my clients at CK Law Firm, helping them start new lives.
What is a J1 Visa?
The J1 visa is a type of exchange visa used for participating in educational, training, or cultural exchange programs in the United States. This type of visa is generally issued to students, researchers, teachers, and other exchange program participants who need to be in the U.S. for a specific period. J1 visa holders are expected to return to their home countries at the end of their program. J1 visa programs are administered by the U.S. Department of State and supported by specific sponsor organizations. The J1 visa has several categories:
- J1 Trainee: Allows individuals with a certain university degree or expertise in a specific job to work in the United States.
- J1 Intern: A category that can be applied for by individuals who are still studying or have recently graduated.
- Work and Travel (WAT): A category used by university students in their home countries to work and travel in the U.S. during the summer period.
- Other J1 Categories: Categories that can be applied for by teachers, camp counselors, au pairs, physicians, and secondary school students.
Who Can Apply for a J1 Visa?
The J1 visa can be applied for by:
- Undergraduate or graduate students,
- Academicians and researchers,
- Elementary, middle, and high school teachers,
- Interns and recent graduates,
- Au Pairs,
- Camp counselors,
- Students and professionals wishing to intern in the health sector.
What Are the Requirements to Apply for a J1 Visa?
Certain requirements must be met to apply for a J1 visa. Although these requirements vary depending on the visa type, there are some general requirements that must be met.
- REQUIREMENT 1: You must be accepted by an educational institution or exchange program in the United States.
- REQUIREMENT 2: You must be supported by a sponsor organization authorized by the U.S. Department of State.
- REQUIREMENT 3: Return Commitment: The J1 visa generally requires you to stay in the U.S. for a specific period and return to your country at the end of your program. Therefore, you are expected to show your intent to return to your home country when your stay in the U.S. ends.
- REQUIREMENT 4: Two-Year Home Country Physical Presence Requirement: Some J1 visa holders are required to stay in their home country for at least two years after completing their program in the U.S. This rule applies particularly to government-funded programs or specific professions.
- REQUIREMENT 5: J1 visa holders must have health insurance. Healthcare in the U.S. can be costly, so it is important to obtain appropriate health insurance.
Where to Apply for a J1 Visa?
The application process for a J1 visa involves several steps and is carried out through sponsor organizations authorized by the U.S. Department of State and U.S. consulates or embassies.
How to Apply for a J1 Visa?
Let me explain step-by-step how to apply for a J1 visa:
- Finding a Sponsor Organization and Joining the Program
- Finding a Sponsor Organization: You must find a sponsor organization authorized by the U.S. Department of State for the J1 visa program. Sponsor organizations suitable for the program you want to join are listed on the U.S. Department of State’s website. Then, you need to apply for the program and receive approval.
- Obtaining the DS-2019 Form
- DS-2019 Form (Certificate of Eligibility for Exchange Visitor Status): The sponsor organization will provide you with the DS-2019 form after confirming your acceptance into the program. You need to complete this form.
- Paying the SEVIS Fee
- SEVIS (Student and Exchange Visitor Information System) Fee: After receiving the DS-2019 form, you must pay the SEVIS I-901 fee.
- Filling Out the DS-160 Form
- You must complete the DS-160 form, which is used for U.S. visa applications, online.
- Paying the Visa Application Fee
- You must pay the fee required for the visa application.
What to Expect After Applying for a J1 Visa?
After applying for and receiving approval for a J1 visa, you can enter the U.S. You are expected to comply with the laws and program requirements during your stay.
In conclusion, it is important to submit accurate information and documents at every stage of the application. For more information and support about the J1 visa, you can visit cklawfirm.org or contact me directly on LinkedIn.
By Ozlem Kara, Content Editor at CK Law Firm
CK Law Firm’s content editor Özlem Kara and CK Law Firm’s co-founder specializing in the EB-2 National Interest Waiver visa, Attorney Ergül Çeliksoy, came together on Ekşi Sözlük to answer the most frequently asked questions about the EB-2 NIW visa. We thank Ergül Çeliksoy for the enjoyable interview.
After reading our interview with Mr. Ergül, you will find answers to the following questions:
- What is the EB-2 National Interest Waiver?
- What are the Advantages of the EB-2 National Interest Waiver Visa?
- Who Can Apply for the EB-2 National Interest Waiver?
- What Conditions Must You Meet to Apply for the EB-2 National Interest Waiver?
- How Does the EB-2 National Interest Waiver Application Process Proceed?
- How Much Do You Have to Pay USCIS to Apply for the EB-2 National Interest Waiver?
- What Awaits You After Applying for the EB-2 National Interest Waiver Visa?
Hello Mr. Ergül, we would like to get to know you and your career better. Can you tell us about yourself?
Certainly. In 2017, I completed my master’s degree in international law and human rights law at the University of Nottingham, and then I began my doctoral studies at the same university. In 2022, I earned my doctorate in law from the University of Nottingham School of Law. Through my publications, research, and articles in my field, I gained international recognition. I have dealt with many cases and now, with the experience I have gained, I offer effective and solution-oriented services to my clients at CK Law Firm, helping them with their new lives.
Mr. Ergül, the EB-2 NIW visa is popularly known as the academic visa. So, what exactly is the EB-2 National Interest Waiver visa?
The EB-2 NIW visa is designed to allow individuals who are experts in their field to come to the United States to continue their professional lives and contribute to the country. It is not just for academics; nearly anyone who has made significant contributions in their field and has been highly successful can apply for this visa. The visa supports the brain drain of successful individuals. The EB-2 National Interest Waiver (NIW) visa allows you to apply for a Green Card without the need for a sponsor or employer. With this visa, you can gain the right to live and work in the United States, and apply for citizenship after 5 years. Additionally, if you obtain this visa, your spouse and children under 21 can also live in the United States and apply for citizenship.
You mentioned that highly successful individuals can apply. What kind of success is required, and who can apply for the EB-2 NIW visa?
Although the EB-2 NIW visa is popularly known as the “academic visa,” this is not entirely accurate. The visa does not focus on the profession but rather on the applicant’s significant success and the ability to demonstrate it with documentation.
What advantages does the EB-2 National Interest Waiver visa offer over other visa types?
One of the main advantages of the EB-2 visa is that you do not need a job offer or sponsor from the United States. Additionally, unlike other visa types, you do not need to invest or have a large sum of money in your bank account. Furthermore, this visa allows you to obtain a Green Card.
Mr. Ergül, you mentioned that you do not need a large sum of money or to be from a specific profession to apply for the EB-2 NIW visa. What are the requirements to apply for the EB-2 NIW visa?
As I briefly mentioned above, the primary philosophy of the EB-2 NIW visa is to encourage brain drain. Therefore, individuals who are experts and have achieved success in their fields can apply for this visa. There are three main criteria for the EB-2 NIW visa:
- You must have a master’s or doctoral degree in your field. If you have a bachelor’s degree, you must have at least five years of experience in your field.
- You must demonstrate that you will make a positive contribution to the United States. This means you must show that you will continue to work in your field of expertise when you move to the United States with this visa.
- You must be an expert and competent in your field. You can demonstrate this with reference letters, presentations, published articles, and media coverage about you.
“Each applicant is evaluated based on their file”
How do you apply for the EB-2 National Interest Waiver visa? What is the process?
Remember that each applicant is evaluated based on their file. Therefore, when applying, you must thoroughly demonstrate that you meet the criteria with evidence. You should prepare a comprehensive application petition and include documents (conference presentations, news articles, published papers, citations, diplomas, transcripts, reference letters, interviews, certificates, etc.) in your file to prove that you meet the criteria. Additionally, there are some forms that need to be added to your application file. These forms vary depending on whether you are following the process from Turkey – or outside the U.S. – or from within the U.S.
Steps to Follow if You Are Tracking the Process from Turkey:
- You must fill out the I-140 form available on the USCIS Immigration Office website.
- Then, select option 1a in Section 4 of the I-140 form.
- Afterwards, since the U.S. Embassy in Ankara is the only authority for immigration processes in Turkey, select Ankara in option 1b and Turkey in option 1c.
Steps to Follow if You Are Tracking the Process from the U.S.:
- When filling out the Processing Information section in Section 4 of the I-140 form, select option 2a. This allows you to apply for a Green Card through Adjustment of Status from within the U.S. after your EB-2 NIW visa is approved by the Immigration Office.
- In addition to the I-140 form, there is also a form called ETA 9089 Application for Permanent Employment Certification. You must fill out sections J, K, L, and M of this form. The latest version of this form is available on the Department of Labor’s website.
What is the fee that applicants need to pay during the entire application process?
The total fee of $1,015 will be collected from you in two different installments. These fees are as follows:
- I-140 Filing Fee: $715
- Asylum Program Fee: $300
Mr. Ergül, is it possible to speed up the visa application process?
If you opt for Premium Processing, your application will be processed by USCIS within as little as 15 business days. If you do not choose this option, it may take 6-8 months for your file to be processed.
What steps should be followed after applying for the visa?
After your application is received by the Immigration Office, the office will send you a Receipt Notice confirming that your application has been received. This document is very important, and you should keep it in your records. This document will provide you with a Priority Date, which is crucial because it determines the earliest date you can begin the Green Card process if your application is approved. Additionally, this document will contain a Receipt Number, which is a number assigned to your application. You can use this number to check the status of your application at any time by visiting the USCIS Case Status site. Once your EB-2 NIW visa is approved by the Immigration Office, the Green Card process begins. After receiving approval from this visa, you need to apply for a Green Card. After obtaining your Green Card, you will be eligible to apply for U.S. citizenship after five years.
Mr. Ergül, you have clarified the frequently asked questions by Ekşi Sözlük users regarding the EB-2 National Interest Waiver visa. To summarize, what would you like to say about the EB-2 NIW process?
In conclusion, although the EB-2 National Interest Waiver Visa involves many details that must be carefully considered throughout the process, it is an excellent option for realizing your American dreams. Our clients who wish to apply for this visa can learn whether they are eligible for the EB-2 NIW by contacting us at cklawfirm.org, emailing eb2@cklawfirm.org, or reaching out to me directly on LinkedIn for a free consultation.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Today, there are multiple ways to study, live, work, or settle in the United States. Among these, the concept of asylum and the reasons for applying for asylum frequently come up. In this article, we will discuss:
- What is an Asylum Application?
- Reasons for Asylum
If you have any other questions related to this topic, please don’t hesitate to reach out via the comments section below this article, send me a direct message on LinkedIn, or contact me through the CK Law Firm Immigration Law Firm’s website, where I am a co-founder.
What is an Asylum Application?
An asylum application is the process where a person seeks protection in another country due to persecution or the risk of persecution in their own country. To be accepted, specific criteria must be met. An asylum application is a protection method used by individuals whose lives are in danger, whose basic human rights have been violated, or who have faced persecution. Asylum is a process regulated by international law that requires states to provide protection under certain conditions to those seeking asylum. The primary goal of this application is to ensure the applicant’s safety and the protection of their human rights.
To be accepted, the persecution the applicant has faced must be evaluated according to specific criteria. Persecution is defined as serious violations and mistreatment that threaten a person’s life, freedom, or security. These violations can be carried out by state or non-state actors. When evaluating an asylum application, the type, continuity, intensity of persecution, and the reasons why the applicant is fleeing from this persecution are considered.
Reasons for Asylum
Here are some fundamental reasons a person might apply for asylum:
- Persecution Due to Race
- Persecution Due to Religion
- Persecution Due to Nationality
- Persecution Due to Membership in a Particular Social Group
- Persecution Due to Political Opinion
- Gender-Based Persecution
- Persecution Due to Environmental Disasters and Climate Change
- Persecution Due to Race
A person may apply for asylum due to discrimination, violence, and other forms of mistreatment they face because of their race. Racial persecution can manifest in various ways, such as physical attacks, discriminatory practices, and racist rhetoric. For example, individuals belonging to a specific ethnic group may be systematically targeted by members of the majority group, fired from their jobs, denied education rights, or restricted access to social services. Such discrimination and violence can endanger the person’s life and force them to flee the country.
- Persecution Due to Religion
Restrictions on religious freedom, discrimination against individuals belonging to specific religious groups or beliefs, and persecution based on religion are also grounds for asylum. For example, members of a minority religious group in a country may face the destruction of their places of worship, bans on religious rituals, forced conversion attempts, and even imprisonment or execution due to their religious beliefs. These threats can prevent a person from living according to their religious beliefs and force them to seek refuge in a safer place.
- Persecution Due to Nationality
Discrimination and persecution due to nationality or ethnic origin can lead to an asylum application. For example, individuals belonging to ethnic minorities in a country may be systematically oppressed by majority groups, forcibly displaced, or subjected to ethnic cleansing. Nationality-based persecution can severely threaten individuals’ physical and psychological health.
- Persecution Due to Membership in a Particular Social Group
Persecution faced by a person due to their membership in a particular social group can be grounds for an asylum application. These social groups may include individuals who face discrimination due to their sexual orientation, gender identity, professions, or specific social roles. For example, LGBTQ+ individuals may face severe discrimination and violence in many countries, lack social acceptance, and even face legal punishment. Similarly, individuals working in certain professions (journalists, human rights defenders, etc.) may face pressure, threats, and attacks.
- Persecution Due to Political Opinion
Persecution faced due to political opinions or activities is a significant reason for an asylum application. A person’s criticism of the government, opposition activities, or membership in a particular political party can make them a target of the government or other political groups. For example, an opposition journalist in a country may be imprisoned, tortured, or killed due to their writings criticizing government policies. Political activists may be arrested or threatened with their families for participating in protest demonstrations.
- Gender-Based Persecution
Gender-based persecution includes violence and oppression faced by women or individuals discriminated against due to their gender identity. For example, women in a country may be forcibly married, subjected to domestic violence, or denied education and work rights. Similarly, individuals discriminated against due to their gender identity may face violence, sexual assault, and social exclusion.
- Persecution Due to Environmental Disasters and Climate Change
In recent years, the number of people displaced due to climate change and environmental disasters has increased. Natural disasters such as droughts, floods, and hurricanes can make living conditions unsustainable and force people to migrate. Additionally, the depletion of resources due to such disasters can trigger social conflicts, forcing people to flee these conflicts.
Conclusion
When applying for asylum, it is essential to document the persecution faced and the reasons for it in detail. Since each individual’s situation is unique, the asylum application requires a detailed assessment of personal experiences. Therefore, it is crucial for those applying for asylum to clearly and accurately describe their experiences and provide as much evidence as possible. Obtaining professional legal advice during the asylum application process can increase the chances of success and help protect the applicant’s rights. For more information and support, please do not hesitate to contact CK Law Firm Immigration Law Firm through our website, at info@cklawfirm.org, or directly via LinkedIn.
Who is Attorney Asim Kilinc?
Attorney Asim Kilinc is a co-founder of CK Law Firm and is known for his expertise in immigration law and U.S. asylum applications. Having completed his Master of Laws at Southern Methodist University Dedman School of Law, Kilinc is a member of the Missouri Bar and has a particular focus on U.S. immigration law.
With extensive knowledge and experience in immigration law, Attorney Kilinc significantly contributes to CK Law Firm’s success in this field. He has played an active role in preparing over 1,000 immigration cases, demonstrating his expertise. By providing comprehensive and professional legal support to his clients, he facilitates their adaptation to new lives in the United States.
Attorney Kilinc also possesses a broad knowledge base in U.S. asylum applications. He meticulously guides his clients throughout the process, ensuring they receive the best legal advice. He provides the highest quality service in citizenship, Green Card, work permits, and other immigration processes, supporting his clients from the beginning to U.S. citizenship.
By providing reliable and effective legal consultancy services, Attorney Asim Kilinc strengthens CK Law Firm’s leadership in immigration law and U.S. asylum applications, standing by his clients in their journey to build a new life in the United States.
By Asim Kilinc, Immigration Attorney at CK Law Firm
In today’s world, there are multiple ways to study, live, work, or settle in the United States. In this article, I will address the asylum application process for F1 Student Visa holders, a topic that I frequently encounter and receive many questions about. Drawing from the questions of dozens of clients whose cases I have handled, I believe this article will answer many questions that F1 visa holders may have about the asylum process. By reading this article, you will find answers to the following questions:
- Can I apply for asylum in the United States as an F1 visa holder?
- Can I apply for asylum after my F1 visa expires?
- What are the steps to apply for asylum with an F1 visa?
- Can I obtain a work permit after applying for asylum while holding an F1 visa?
- If my asylum application is denied, can I return to my F1 status?
- Can I continue my education after applying for asylum while holding an F1 visa?
- What are the advantages of applying for asylum with an F1 visa?
- Is it necessary to hire a lawyer when applying for asylum with an F1 visa?
- Can I include my family members when applying for asylum with an F1 visa?
- Can I marry a U.S. citizen and get a Green Card during the asylum process?
If you have any questions beyond those mentioned above, please feel free to contact me through the comments section below this article, send me a message directly on LinkedIn, or reach out through the CK Law Firm Immigration Attorneys website, where I am a founding partner.
Can I apply for asylum in the U.S. as an F1 visa holder?
Yes, as an F1 visa holder, you can apply for asylum in the U.S. Asylum is sought when you do not wish to return to your country due to persecution or fear of persecution. If you are in the U.S. on an F1 visa and are afraid to return to your country, you can legally apply for asylum. To be accepted, your fear of persecution must be credible and well-documented. This application should be supported by a well-thought-out strategy and preparation process.
Can I apply for asylum after my F1 visa expires?
Yes, you can apply for asylum after your F1 visa expires. However, you must apply for asylum within one year of entering the U.S. Applications submitted after this period are usually denied, so it is crucial to apply on time. However, if you have maintained your F1 status and the one-year period has passed, it will not pose a problem for the asylum application, as maintaining your status qualifies as an exception to the one-year rule.
What are the steps to apply for asylum?
The asylum application process includes:
- Creating a Strategy and Preparing the Application: Before starting the asylum application, a good strategy should be created, and necessary preparations should be made. In this phase, documents supporting the application should be collected, and a detailed application file should be prepared.
- Collection of Biometric Information: After applying, fingerprints will be taken, and biometric information will be collected. Attending this appointment is mandatory, and failure to do so may result in the denial of your work permit application.
- Interview: An interview will be conducted at the Immigration Office to evaluate your application. During this interview, an officer will ask you questions related to your application. It is essential to prepare with your lawyer before this interview.
Can I obtain a work permit after applying for asylum while holding an F1 visa?
Yes, you can obtain a work permit after applying for asylum while holding an F1 visa. You can apply for an Employment Authorization Document (EAD) 150 days after submitting your asylum application. Once you receive your work permit, you can start working legally. This permit is valid for five years after approval.
If my asylum application is denied, can I return to my F1 status?
If your asylum application is denied, it may not be possible to return to your F1 status. However, you can request an extension of your F1 visa to maintain your F1 status. This way, you can continue your education and retain your F1 status.
Can I continue my education after applying for asylum while holding an F1 visa?
Yes, you can continue your education after applying for asylum. There is no obstacle preventing asylum applicants from continuing their education. It is not necessary to maintain an F1 visa to continue your education. Even if your F1 visa expires, it will not be a problem. After obtaining a work permit through asylum, you can apply for certain special loans and borrow for tuition fees.
What are the advantages of applying for asylum with an F1 visa?
- Green Card Through Marriage: During your asylum process, you can marry a U.S. citizen and obtain a Green Card. After receiving the Green Card through marriage, you can withdraw your asylum application.
- Work Permit: You can apply for a work permit 150 days after submitting your asylum application and receive a five-year work permit.
- Permanent Residency: Once your asylum application is approved, you can apply for a Green Card and, later, if you meet the necessary conditions, become a U.S. citizen.
Is it necessary to hire a lawyer when applying for asylum with an F1 visa?
It is strongly recommended to hire a lawyer when applying for asylum with an F1 visa. The asylum application process is complex and requires legal knowledge. A lawyer can assist with preparing your application, submitting documents correctly, and guiding you through the interview process. Additionally, your lawyer can highlight the strengths of your application, increasing your chances of acceptance. Hiring a lawyer is an essential step that increases the likelihood of a successful application.
Can I include my family members when applying for asylum with an F1 visa?
Yes, you can include your spouse and unmarried children under 21 in your asylum application when applying with an F1 visa. These family members can join you in applying for asylum and benefit from the same protection. Having your family members submit supporting documents can increase the chances of your application being accepted.
Can I marry a U.S. citizen and get a Green Card during the asylum process?
Yes, you can marry a U.S. citizen and obtain a Green Card while your asylum process is ongoing. After receiving the Green Card through marriage, you can withdraw your asylum application. This process allows you to obtain permanent residency through marriage and stay legally in the U.S. When applying for a Green Card through marriage, you must provide the necessary documents and prove that the marriage is genuine. 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 founding partner of CK Law Firm, known for his expertise in immigration law and U.S. asylum applications. Having completed his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is a member of the Missouri Bar and focuses on U.S. immigration law.
Attorney Kılınç has significantly contributed to CK Law Firm’s success in immigration law through his deep knowledge and experience in this field. He has actively played a role in preparing over 1,000 cases in immigration law, demonstrating his expertise. By providing comprehensive and professional legal support to his clients, he facilitates their adaptation to a new life in the U.S.
Attorney Kılınç also has extensive knowledge of U.S. asylum applications. He carefully guides his clients throughout the process, ensuring they receive the best legal counsel. He offers top-quality services in citizenship, Green Card, work permits, and other immigration processes, supporting his clients from the start until they become U.S. citizens.
Strengthening CK Law Firm’s leadership in immigration law and U.S. asylum applications, Attorney Asım Kılınç provides reliable and effective legal counseling services, supporting clients in their journey to establish a new life in the U.S.
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:
- Can B1/B2 visa holders apply for asylum in the United States?
- What are the reasons for B1/B2 visa holders to apply for asylum?
- What steps should B1/B2 visa holders take when applying for asylum?
- Is there a specific deadline for filing an asylum application?
- What can applicants expect after submitting an asylum application?
- What should B1/B2 visa holders be aware of when applying for asylum?
- What can B1/B2 visa holders do if their asylum application is denied?
- Can B1/B2 visa holders work after applying for asylum?
- How long is the work permit valid after applying for asylum, and can you work anywhere with it?
- 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.
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