Frequently Asked Questions About F1 Student Visa and Asylum

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.

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:

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.

Who Can Apply for an E2 Investor Visa? Requirements and Eligibility Criteria

By Asim Kilinc, Immigration Attorney at CK Law Firm

In this week’s blog, where I provide information on various visa types, we will be focusing on the E2 Investor Visa—one of the most frequently inquired visas by my clients. In this article, I will try to answer the most common questions asked by the hundreds of clients I have consulted with and the dozens of cases I have prepared regarding the E2 Investor Visa. By the end of this article, you will have answers to the following questions:

What is an E2 Investor Visa?
Who Can Apply for an E2 Investor Visa?
What Are the Requirements to Apply for an E2 Investor Visa?
How to Apply for an E2 Investor Visa?
What Can You Expect After Applying for an E2 Investor Visa?

If you have additional questions about the E2 Investor Visa that are not covered in this article, feel free to reach out to me through the comment section below this article, by messaging me directly on LinkedIn, or through the website of CK Law Firm, where I am a co-founder.

What is an E2 Investor Visa?

The E2 Investor Visa is a type of visa that allows individuals who are nationals of certain countries to invest a significant amount of capital in a U.S. business, either by starting a new business or taking over an existing one. This visa allows the investor to reside in the United States and manage their business.

The E2 visa permits the investor and their family members (spouse and children under 21) to live in the United States. However, it is not an immigrant visa, which means it does not directly lead to a Green Card. The duration of the visa can be extended based on the continuity of the investment and the success of the business.

Who Can Apply for an E2 Investor Visa?

Individuals who are nationals of a country that has an E2 visa agreement with the United States and have made a substantial investment in a U.S. business can apply for an E2 Investor Visa. The investor must play an active role in managing the business, and the investment must involve a commercial risk. Additionally, the investment is expected to contribute to the U.S. economy. The source of the investment must be legal, and the business must be actively operational.

What Are the Requirements to Apply for an E2 Investor Visa?

To apply for an E2 Investor Visa, certain conditions must be met. These requirements determine whether the investor and the investment comply with U.S. legal standards:

Requirement 1: Be a National of an E2 Treaty Country

The applicant must be a national of a country that has an E2 visa agreement with the United States. Countries such as Turkey, Spain, and Russia are included in this agreement.

Requirement 2: Substantial Capital Investment

The applicant must make a substantial capital investment in a business that will be established or taken over in the U.S. The amount of the investment should be sufficient to ensure the business’s successful operation and sustainability.

Requirement 3: Investment Must Involve Risk

The investment made by the investor must involve a risk, and the return on the investment should not be guaranteed. In other words, the invested capital must be subject to commercial risk, and the investor must be willing to lose their money if the business fails.

Requirement 4: Active Business Operation

The business in which the investment is made must be active. Passive investments, real estate investments, or simply holding capital in a bank are not suitable for this type of visa. The business must engage in commercial activities aimed at making a profit.

Requirement 5: Investor Must Manage the Business

The investor must actively participate in the daily operations of the business. The investor must hold a managerial or specialized position within the business.

Requirement 6: Contribution to the U.S. Economy

The investor is expected to contribute to the U.S. economy. This is usually achieved by employing American citizens or individuals with legal work permits. The business should create job opportunities not just for the investor and their family but also for the broader community.

Requirement 7: Legal Source of Investment

The investor must prove that the source of their investment is legal. The funds must have been obtained through legal means and supported by proper documentation.

Requirement 8: Potential for Return on Investment

The investment made by the investor must have the potential to generate profit. The business must be sustainable and capable of generating profit in the long term.

Requirement 9: Temporary Intent

The E2 visa is not an immigrant visa; therefore, the applicant must demonstrate their intent to stay in the U.S. temporarily.

Investors who meet these requirements can apply for an E2 Investor Visa, gaining the opportunity to start a business and live in the United States.

How to Apply for an E2 Investor Visa?

Applying for an E2 Investor Visa requires careful planning and proper preparation of documentation. The application process involves several steps, and the applicant must provide detailed information regarding both the U.S. investment and their personal circumstances. Here are the basic steps of the E2 Investor Visa application process:

Prepare a Business Plan

A detailed business plan must be prepared for the E2 visa application. This plan should include the type of investment, how the business will be managed, marketing strategies, financial projections, and job creation plans. The business plan will be used by the U.S. Consulate or Immigration Office to assess the seriousness and sustainability of your investment.

Make the Investment

Before applying for an E2 visa, you must have made a significant investment in the U.S. business. This investment should be sufficient for the business to start operations and be sustainable. Documents proving the investment (bank receipts, purchase agreements, contracts, etc.) should be included in the application file.

Gather Necessary Documents

The following documents are required for the E2 visa application:
- Passport: You must have a valid passport, and it should remain valid throughout your visa period.
- DS-160 Form: Non-Immigrant Visa Application Form completed online.
- DS-156E Form: A form specific to the E2 visa application detailing your investment.
- Business Plan: A detailed business plan must be prepared.
- Investment Documents: Documents showing that the investment has been made and involves risk (bank receipts, contracts, purchase agreements, etc.).
- Business Documents: Incorporation documents, licenses, lease agreements, employment contracts, etc.
- Financial Documents: Documents showing your personal and business financial status.
- Biometric Photo: A biometric photo that meets the visa application requirements.

Pay the Application Fee

Pay the application fee set for the E2 visa. The receipt for this payment should be included in the application file. The fee is paid after completing the DS-160 form.

What to Expect After Applying for an E2 Investor Visa?

After applying for an E2 Investor Visa, you can expect several stages concerning your life and business in the United States, once the application process is completed and the visa is approved.

In conclusion, it is essential to provide accurate information and documents at every stage of the application. Due to the complexity of the process and legal requirements, it may be beneficial to seek support from an immigration attorney. Do not hesitate to contact me through the CK Law Firm website, via email at info@cklawfirm.org, or directly on LinkedIn!

Attorney Asim Kilinc

Attorney Asım Kılınç, a founding partner of CK Law Firm, stands out with his extensive experience and expertise in both international law and the American legal system. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is registered with the Missouri Bar. He specializes in U.S. immigration law, significantly contributing to CK Law Firm’s success in this field with his deep knowledge and experience. Having been involved in the preparation processes of over 1,000 immigration cases, Attorney Kılınç has proven his expertise and provides comprehensive and professional legal support to help his clients adapt to their new lives in the USA.

Strengthening CK Law Firm’s leadership in immigration law, Attorney Kılınç offers reliable and effective legal consultancy services to his clients, accompanying them on their journey to establish a new life in the USA. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permits, and other immigration processes, supporting them from the beginning to U.S. citizenship.

What is a B1/B2 Visa? Information for Tourist and Business Visits to the USA

By Asim Kilinc, Immigration Attorney at CK Law Firm

In my weekly informational articles about different visa types, this week I will cover one of the most frequently asked and queried visa types by my clients: the B1/B2 Tourist Visa. In this article, I will attempt to answer the most commonly asked questions about the B1/B2 Tourist Visa based on the numerous cases I have prepared and the hundreds of clients I have consulted. By reading this article, you will find answers to the following questions:

What is a B1/B2 Tourist Visa?
What are the Differences Between B1 and B2 Visas?
Who Can Apply for a B1/B2 Tourist Visa?
What are the Requirements to Apply for a B1/B2 Tourist Visa?
How to Apply for a B1/B2 Tourist Visa?
What to Expect After Applying for a B1/B2 Tourist Visa?

If you have any additional questions about the B1/B2 Tourist visa, please do not hesitate to contact me through the comments section of this article, directly via LinkedIn, or through the website of CK Law Firm Immigration Attorneys.

What is a B1/B2 Tourist Visa?

The B1/B2 tourist visa is a type of visitor visa issued to foreign nationals who wish to visit the United States for short-term stays. The B1 visa is used for business purposes, while the B2 visa is used for tourism, medical treatment, or visiting family and friends. The B1/B2 visa allows the applicant to enter the US temporarily and stay for a specific period.

What are the Differences Between B1 and B2 Visas?

Both B1 and B2 visas are for visitors who wish to stay in the US for a short period, but they serve different purposes:

B1 Visa: Business Visit

Issued to individuals visiting the US for short-term business purposes.
Used for negotiations, business meetings, conferences, training seminars, project supervision, etc.

B2 Visa: Tourist and Other Visits

Issued to individuals visiting the US for tourism, social, health, or other personal reasons.
Used for tourism, visiting family or friends, medical treatment, social events (concerts, festivals, etc.).

Common Features

Both B1 and B2 visas typically have a validity period ranging from 1 to 10 years.
The length of stay in the US is determined by the US Customs and Border Protection (CBP) officer and is usually up to 6 months.
Both types of visas generally allow multiple entries, meaning you can enter and exit the US multiple times during the visa’s validity period.

There is also a combined visa type known as the B1/B2 visa, which is issued to individuals who wish to travel to the US for both business and tourism purposes. This combined visa offers all the benefits of both the B1 and B2 visas.

Who Can Apply for a B1/B2 Tourist Visa?

Individuals who meet certain conditions can apply for a B1/B2 tourist visa. Anyone with a clean criminal record, sufficient financial resources to cover the trip, and proof of temporary stay in the US can apply for a B1/B2 visa.

What are the Requirements to Apply for a B1/B2 Tourist Visa?

To apply for a B1/B2 tourist visa, certain requirements must be met. Here are the key requirements to be aware of during the application process:

Requirement 1: Temporary Visit Purpose
You must prove that you will stay in the US temporarily and return to your country after a specific period.

Requirement 2: Passport
Your passport must be valid for at least six months beyond the end of your planned stay in the US.

Requirement 3: Financial Capability
You must prove that you can cover all expenses during your stay in the US. This can be documented with bank statements, pay stubs, or sponsorship letters.

Requirement 4: Travel Purpose
You must provide documents supporting your travel purpose. For business trips, invitation letters, and for tourist trips, hotel reservations and flight tickets are important.

Requirement 5: Criminal Record
Individuals with no criminal record or any legal issues that may negatively impact the visa application can apply.

Meeting these requirements and submitting the necessary documents is critical for the success of your visa application.

How to Apply for a B1/B2 Tourist Visa?

To apply for a B1/B2 tourist visa, you must follow several steps:

Online Application Form (DS-160)
Fill out the DS-160 form online on the US Department of State’s Consular Electronic Application Center (CEAC) website. Make sure to provide accurate and complete information when filling out the form.

Payment of Application Fee
Pay the visa application fee. The payment process is carried out according to the methods specified by the US Embassy or Consulate in your country.

Schedule an Interview
Go to the official website of the US Embassy or Consulate and schedule an interview appointment. You will need the DS-160 form number when scheduling the appointment.

Preparation of Necessary Documents
Prepare the necessary documents: Your valid passport, DS-160 confirmation page, appointment confirmation document, biometric photo, bank statements, pay stubs or sponsorship letters, flight ticket reservations, hotel reservations, employment verification letters, previous visas, travel history, and other supporting documents.

Interview
Depending on the country you are applying from, you will need to attend an interview at the nearest US Embassy or Consulate.

What to Expect After Applying for a B1/B2 Tourist Visa?

After applying for a B1/B2 visa, carefully follow the process, prepare your documents correctly, and prepare well for the interview to increase your chances of a successful visa application. Adhere to the visa rules while entering and staying in the US.

In conclusion, providing accurate information and documents at every stage of the application is important. Due to the complexity of the process and legal requirements, it may be beneficial to seek support from an immigration attorney. You can reach me through the CK Law Firm Immigration Attorneys’ website, via email at info@cklawfirm.org, or directly on LinkedIn.

Attorney Asim Kilinc

O-1 Extraordinary Ability Visa: What It Is and How to Obtain It?

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

This week, in my series of informative articles about visa types, I’ll focus on one of the most frequently asked about visas by my clients: the O-1 Visa. In this article, I’ll address the most common questions asked by hundreds of clients about the O-1 Visa, based on my experience preparing numerous cases. By the end of this article, you’ll find answers to the following questions:

What is the O-1 Visa?
What are the advantages of applying for the O-1 Visa?
Who can apply for the O-1 Visa?
What are the requirements to apply for the O-1 Visa?
Where to apply for the O-1 Visa?
How long does it take to process the O1 Visa if I use Premium Processing?
How to apply for the O-1 Visa?
What to expect after applying for the O-1 Visa?

If you have any other questions about the O-1 visa type, please do not hesitate to contact me through the comments section below this article, by sending me a message directly on LinkedIn, or via the CK Law Firm Immigration Law Firm website, of which I am a founding partner.

What is the O-1 Extraordinary Ability Visa?

The O-1 Extraordinary Ability Visa is a temporary employment visa for individuals who have demonstrated extraordinary ability or achievement in their field, as defined by USCIS criteria. This visa type has two categories:

O-1A: For individuals with extraordinary ability in the sciences, education, business, or athletics.
O-1B: For individuals with extraordinary ability in the arts, motion picture, or television industry.

What are the Advantages of Applying for the O-1 Visa?

The O-1 Visa, compared to other visa types, is processed faster. O-1 visa holders can work in the United States for up to three years. After working in the U.S. for a period, O-1 visa holders can apply for a Green Card and may become eligible for U.S. citizenship five years after obtaining the Green Card. Family members (spouse and children under 21) can apply for the O-3 visa to live and study in the U.S.

Who Can Apply for the O-1 Visa?

Anyone who has demonstrated extraordinary ability in the arts, athletics, business, sciences, or education, and can provide documentation of their achievements as defined by USCIS, can apply for the O-1 Visa. If the extraordinary ability cannot be proven by a major international award (such as an Emmy, Oscar, etc.), meeting at least three of the eight criteria set by USCIS is required.

What are the Requirements to Apply for the O-1 Visa?

To apply for the O-1 Visa, an individual must demonstrate extraordinary ability in their field, evidenced by receiving a major internationally recognized award (such as an Oscar, Emmy, Nobel, etc.). For those who have not received such an award, meeting at least three of the eight criteria set by USCIS, and providing documentation, is necessary. I focus on fulfilling at least four to five criteria for my clients, as this strategy has proven successful in the past. An O-1 application requires a sponsoring company; self-petitioning is not allowed. Applications can also be submitted through an agent/manager.

Criteria for O-1A Visa:

Receipt of a major award: The applicant must have received a major award in their field.
Membership in significant associations: The applicant must be a member of significant associations in their field, which require outstanding achievements.
Published material: There must be published material about the applicant in major media or trade publications.
Judging the work of others: The applicant must have participated as a judge of the work of others in their field.
Original contributions: The applicant must have made original contributions of major significance in their field.
Authorship of scholarly articles: The applicant must have authored scholarly articles in their field.
Leading role: The applicant must have held a leading role in an organization with a distinguished reputation.
High salary: The applicant must have commanded a high salary in their field.

Criteria for O-1B Visa:

Lead role in productions: The applicant must have played a lead role in productions or events with a distinguished reputation.
Critical role in organizations: The applicant must have held a critical role in organizations with a distinguished reputation.
Recognition: The applicant must be recognized for their achievements in major media.
Commercial success: The applicant must have achieved significant commercial success in the arts.
Recommendation letters: The applicant must provide recommendation letters from recognized experts in their field.
High salary: The applicant must have commanded a high salary in their field.

Where to Apply for the O-1 Visa?

After preparing all the necessary documents, applications can be submitted to:

USCIS if you are in the United States.
The U.S. Consulate in your country if you are outside the United States.

How Long Does It Take to Process the O1 Ability Visa if I Use Premium Processing?

If you opt for Premium Processing, your application will be processed by USCIS within 15 business days. Without Premium Processing, it can take between six to eight months for your application to be processed.

How to Apply for the O-1 Visa?

The application process for the O-1 Visa includes the following steps:

1. Finding a Sponsor:
You must have a U.S. employer or agent who will sponsor your application. The sponsor will file the petition on your behalf and make a job offer.

2. Preparing the Petition:
Your sponsor must complete and submit Form I-129, Petition for Nonimmigrant Worker, to USCIS. This form includes information about your qualifications, job offer, and other required details.

3. Collecting Supporting Documents:
You need to gather documents that prove your extraordinary ability, such as awards, publications, membership in associations, and other relevant materials.

4. Submitting the Petition:
Your sponsor must submit Form I-129 and the supporting documents to the appropriate USCIS office based on their location.

What to Expect After Applying for the O-1 Visa?

After submitting your O-1 Visa application, you can expect the following steps:

1. USCIS Petition Review:
USCIS will review your petition, and you may receive one of the following responses:

Approval: If USCIS approves your petition, you will receive Form I-797, which indicates that your petition has been approved.
Request for Evidence (RFE): If USCIS needs more information, they will send a Request for Evidence, and you must provide the requested documents.
Denial: If your petition is denied, you can review the reasons for denial and consider appealing or reapplying.

2. Consulate or Embassy Interview:
Once your petition is approved, you need to schedule an interview at the U.S. Consulate or Embassy. Prepare the necessary documents, including Form I-797, your passport, the DS-160 application form, and other supporting materials.

3. Visa Issuance:
If your interview is successful, you will receive your O-1 Visa, allowing you to work in the U.S. for the specified period.

Applying for the O-1 Visa can be a complex process, but following the correct steps and providing the necessary documentation can increase your chances of success. For more information or assistance, you can contact me directly via LinkedIn or through CK Law Firm’s website. We offer a free consultation to evaluate your eligibility for the O-1 Visa; simply send us your CV, and we will respond within 24 hours.

Who is Attorney Dr. Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in U.S. immigration law. He completed his master’s degree in international law and human rights at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy completed his Ph.D. in law at the University of Nottingham School of Law in 2022, crowning his academic career. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. A registered member of the California Bar, Dr. Çeliksoy provides superior service to his clients with his deep knowledge and experience in U.S. immigration law cases. His knowledge and experience in immigration law contribute valuable insights to CK Law Firm’s work in this area.

Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.

How to Apply for Asylum in the U.S.? A Step-by-Step Comprehensive Guide

By Asim Kilinc, Immigration Attorney at CK Law Firm

In this article, I want to provide a comprehensive guide for those who want to obtain a Green Card in the U.S. through asylum, in other words, to have permanent residency and work permits. This guide is based on the most challenging questions my clients faced and sought answers to during hundreds of asylum applications we handled at CK Law Firm, where I am a co-founder. By reading this article, you can find answers to the following questions:

Do I need to be in the U.S. to apply for asylum?
When should I apply for asylum?
Can I apply for asylum after one year?
How to apply for asylum in the U.S.?
How can I track the status of my asylum application?
What is a biometric appointment, and how is it done?
What documents should I bring to the biometric appointment?
What happens at the biometric appointment? What should I do?
What happens if I miss the biometric appointment?
When can I apply for a work permit?
How long does it take to get a work permit?
How to apply for a work permit?
When is the work permit approved?
How long is the work permit valid?
In what jobs can I work with an asylum-based work permit?
Can I renew my work permit?
When is the date set for the asylum interview?
What is the asylum interview, and how is it conducted?
How should I prepare for the asylum interview?
What questions are asked in the asylum interview?
When will I get the result of the asylum interview?
What should I do after my asylum is approved?
How to apply for a Green Card through asylum?

Do I Need to Be in the U.S. to Apply for Asylum?

To apply for asylum in the U.S., you need to be within the borders of the U.S. This is the primary requirement for the application. There is no obstacle to applying for asylum once you have entered the U.S. It does not matter whether you entered the U.S. legally or illegally; you can apply for asylum in both cases. However, the processes vary depending on whether you entered with a visa or illegally.

Those who enter the U.S. legally with a visa should apply for asylum through the Immigration Office. Those who crossed the border illegally should apply through the Immigration Courts.

When Should I Apply for Asylum?

You can apply for asylum as soon as you arrive in the U.S. If you entered with a visa, you can apply immediately upon arrival. If U.S. officials attempt to prevent your entry, you can make an asylum claim directly at the airport. However, if you entered without issues, you do not need to rush your application; you have the right to apply for asylum within one year of entering the U.S. This period gives you time to prepare your application and seek legal support from a good lawyer.

If you entered the U.S. illegally, you should state your asylum claim when you encounter the police. Declaring your asylum claim prevents immediate deportation and initiates the asylum process. It is crucial for those crossing the border to declare their asylum claim during their first encounter with the police or U.S. officials.

Can I Apply for Asylum After One Year?

Generally, you need to apply for asylum within one year of your first entry into the U.S. However, if you have a valid reason, you can still apply after one year. In this case, it is essential to seek legal support from a lawyer. For more information, you can contact us via LinkedIn or the CK Law Firm website.

How to Apply for Asylum in the U.S.?

You can start your asylum application after entering the U.S. Asylum is a fundamental human right. Depending on your legal status, you should apply to either the Immigration Office or the Immigration Court.

To start your asylum application, you need to correctly fill out and submit Form I-589. This form and other relevant documents should be sent to the Immigration Office. Once your application is received, the Immigration Office will send you a receipt notice confirming the processing of your application. This notice serves as proof that your asylum application is being processed in the U.S.

How Can I Track the Status of My Asylum Application?

The receipt notice will include the date your application was received by the Immigration Office. This date marks the exact day your asylum application was received. Additionally, the notice will contain a receipt number assigned to your application. You can use this number in all correspondence with the Immigration Office and check the status of your application with it.

What is a Biometric Appointment, and How is it Done?

After the Immigration Office receives your application, an important next step is to attend a biometric appointment. The Immigration Office will schedule this appointment and notify you by mail. This document will include all necessary information, such as the date, time, and location. You need to bring this document and your passport to the appointment. Firstly, I recommend checking the information in this document to ensure its accuracy. The document will contain the date and time of your biometric appointment, as well as the address you need to go to.

If your family members also applied for asylum, each of you will receive separate biometric appointments. In this case, you need to bring your appointment notices and your family members’ passports with you. Both you and your family members must personally attend the biometric appointment.

What Documents Should I Bring to the Biometric Appointment?

You must attend the biometric appointment. When you go to the appointment, you need to bring the appointment notice sent to you by the Immigration Office and your passport.

What Happens at the Biometric Appointment? What Should I Do?

The biometric appointment is relatively simple. Just bring your appointment notice and passport. During the appointment, officials will take your fingerprints and other biometric information and explain the process to you.

What Happens If I Miss the Biometric Appointment?

Attending your biometric appointment is crucial for the progress of your application. If you cannot attend on the scheduled date, you should contact the Immigration Office to request a new appointment. You must make this request before the scheduled appointment date. If you miss the appointment and do not request a new one, your application may not be processed, and you will need to contact the Immigration Office to arrange a new biometric appointment.

The biometric appointment is a critical step in the application process. It is important to attend on time and with the necessary documents. Failing to provide biometric information may result in the denial of your work permit application.

The document sent for the biometric appointment contains all the necessary information. Firstly, I recommend checking the accuracy of the information in the document. The date and time of your fingerprint appointment, as well as the address you need to go to, are listed in the document. You need to go to the specified address at the specified date and time.

When Can I Apply for a Work Permit?

The period for applying for a work permit begins after you have submitted your asylum application. The 150-day period required for the work permit application starts from the date indicated on the receipt notice you received from the U.S. Citizenship and Immigration Services (USCIS).

How Long Does It Take to Get a Work Permit?

Approval of the work permit application usually takes a few weeks. You will receive a notification of approval, along with documents containing your work card and Social Security Number (SSN). With these documents, you can work in the U.S.

How to Apply for a Work Permit?

To apply for a work permit, you need to wait 150 days from the processing of your asylum application. To apply for a work permit, you need to fill out Form I-765 and send it along with the required documents. You can apply for the work permit online or by mail. However, online applications usually result in faster outcomes.

When is the Work Permit Approved?

The work permit application is usually approved a few weeks after your application. Once approved, you will receive a notification (approval notice) from USCIS. Along with this, you will be given an Employment Authorization Document (EAD) and a Social Security Number (SSN). With these documents, you can work in any job in the U.S.

How Long is the Work Permit Valid?

When the work permit is approved, it is generally valid for 5 years. If your asylum case is still ongoing at the end of this period, you can apply to renew your work permit.

In What Jobs Can I Work with an Asylum-Based Work Permit?

Once you receive your work permit, you can start working in any job you want. You can work in any job you want and even start your own business.

Can I Renew My Work Permit?

The work permit is valid for 5 years. If your asylum application is still unresolved after 5 years, you can apply to renew your work permit.

When is the Date Set for the Asylum Interview?

After you apply for asylum, you need to wait for a date to be set for the asylum interview depending on the workload of USCIS. During this time, since your work permit will be approved, you will not have any issues working while waiting for your interview.

USCIS will set an interview date for you and notify you. Until a date is set, you can continue collecting documents and evidence to strengthen your asylum application. Once an interview date is set, it is important to send all your evidence and documents to USCIS at least one week before the interview.

What is the Asylum Interview, and How is it Conducted?

On the day of the interview, the applicant must go to the USCIS office. The interview is usually conducted by a USCIS officer who will ask questions related to your asylum claim.

There is no fixed duration for the asylum interview; it can last one or two hours or even more than a day. The important thing is to be well-prepared and for your interview to support your asylum claim.

If your English is not sufficient, you will need to bring an interpreter with you.

How Should I Prepare for the Asylum Interview?

Preparing in advance for the asylum interview is beneficial. Specifically, preparing the details of the persecution and harm you experienced in your country and practicing potential questions can help support your asylum claim.

What Questions Are Asked in the Asylum Interview?

During the interview, you will be asked detailed questions about the reasons for your asylum claim, the situation in your country, and your journey to the U.S. The interview is designed to verify your claims and assess the validity of your asylum application.

The purpose of the asylum interview is to determine whether your application meets the asylum criteria. The questions will focus on the reasons for your asylum claim, the difficulties you faced in your country, and the mistreatment or persecution you experienced.

When Will I Get the Result of the Asylum Interview?

Once the interview is completed, the Immigration Office will evaluate your asylum application and make a decision. If the application is approved, the applicant is granted asylum status. If it is denied, the applicant has the right to appeal or explore other legal options.

The result of the asylum interview can take a few weeks or several months. The duration varies depending on factors such as the officer handling your interview and the status of your application.

What Should I Do After My Asylum is Approved?

After your asylum interview, a decision will be made regarding your asylum application. This decision is usually communicated to you within a few months. Approval of your asylum application means that your asylum claim has been officially accepted in the U.S., and you are granted asylum status. Once your asylum application is approved, you can apply for a Green Card to obtain permanent residency.

How to Apply for a Green Card through Asylum?

A person granted asylum status can apply for a Green Card one year after being granted asylum status. To apply for a Green Card, you need to fill out and submit Form I-485 to the Immigration Office. Once your Green Card application is approved, you will obtain permanent residency in the U.S. Five years after your Green Card is approved, you can apply for U.S. citizenship.

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. He completed his Master’s degree at Southern Methodist University Dedman School of Law and is registered with the Missouri Bar Association, focusing specifically on U.S. immigration law. With his deep knowledge and experience in immigration law, Attorney Kılınç has played an active role in the preparation processes of over 1000 cases, proving his expertise in this field. He provides comprehensive and professional legal support to his clients, helping them adapt to their new lives in the U.S. Attorney Kılınç has extensive knowledge of U.S. asylum applications, guiding his clients meticulously throughout the process and ensuring they receive the best legal advisory services. He offers the highest quality service in citizenship, Green Card, work permits, and other immigration processes, supporting his clients from the beginning to U.S. citizenship. Reinforcing CK Law Firm’s leadership in immigration law and U.S. asylum applications, Attorney Asım Kılınç offers reliable and effective legal advisory services, standing by his clients on their journey to establishing a new life in the U.S.

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