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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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 topics by my clients: asylum applications for those entering the U.S. from the border. Drawing from the questions posed by hundreds of clients whose cases I have handled, this article aims to answer many questions about the asylum process for those crossing the border without a visa or passport. By reading this article, you can find answers to the following questions:

• Can those crossing from the Mexican border apply for asylum?
• How is the state where the asylum court will be held determined?
• Can I change my court location if I move to an address different from my sponsor’s address?
• How can I check if I need to notify ICE (Immigration and Customs Enforcement)?
• Can I check if my asylum court has been scheduled and its date?
• I checked my court status with my A-number, but my court date is not listed. Can I still apply for asylum?
• Can I start my asylum application without clarifying my reason for asylum?
• How long does the asylum court process take?
• What types of hearings are there in the asylum court process? What are Master Hearings and Individual Hearings?
• Can I attend my hearings online during my asylum court process?
• Can I expedite the date of my asylum hearing?
• I crossed the border with my family, but we have different court dates. Can these be combined?
• Do I need to bring an interpreter to my asylum court?
• Can I change my lawyer during my asylum court process?
• Can I apply for a work permit before starting my asylum process?
• Is there a fee for applying for a work permit?
• How long is the work permit valid?
• Do I need to apply separately for a Social Security Number (SSN) card?
• How long after applying for a work permit can I receive my card?
• How can I check if my work permit process has started?

If you have any additional questions about this topic, please do not hesitate to contact me via the comments section below this article, by sending me a message directly on LinkedIn, or through the CK Law Firm Immigration Attorney Firm’s website.

Can those crossing from the Mexican border apply for asylum?

Yes, they can apply. The asylum process for those entering the country without a visa is handled differently from those entering with a visa. These cases are heard in asylum courts and decided by immigration judges. After entry, border patrol officers (ICE) conduct certain registration processes. Following these processes, individuals may be held in camps for some time at the discretion of the border patrol and then released. The border patrol assigns an A-number to these individuals and officially registers them in the system.

All asylum procedures and court processes are followed using this A-number, which remains your identification number until you become a U.S. citizen.

How is the state where the asylum court will be held determined?

After entering the U.S., the border patrol will ask for a sponsor address, which indicates where you will stay in the U.S. The sponsor address provided to the border patrol determines the location of your court, and your case is opened in that state.

Can I change my court location if I move to an address different from my sponsor’s address?

You can move to a different address. However, you need to inform the immigration court where your case was opened and ICE about your new address through your lawyer. Failure to notify can result in missing an appointment and an arrest warrant being issued by the border patrol. Therefore, it is crucial to keep your file active with all updates regarding your sponsor’s address.

How can I check if I need to notify ICE?

While processing your case, the border patrol may schedule an appointment in the state where your sponsor address is located. If there is such a requirement, your lawyer will inform you by reviewing the documents provided to you. Missing this appointment may result in an arrest warrant issued by ICE. Therefore, it is important to keep your documents and have a copy on your phone.

Can I check if my asylum court has been scheduled and its date?

The U.S. Department of Justice has an online system where you can check your case status. By clicking here and entering your nine-digit A-number found in your documents, you can check if your asylum court has been scheduled. If scheduled, you can learn the details of your court and judge.

I checked my court status with my A-number, but my court date is not listed. Can I still apply for asylum?

If your court date is not listed in the system, it does not mean that a date has not been set. Your court date is specified in the documents provided by the border patrol. Due to heavy workloads, correspondence between DHS and immigration courts can take time.

Can I start my asylum application without clarifying my reason for asylum?

Even if the details of your asylum reason are not clear, your application can be processed once a general reason is determined. Detailed explanations and supporting information can be added to your case file before the main court hearing. Guidance from your asylum lawyer is crucial in this process.

How long does the asylum court process take?

The asylum court process can take 2 to 5 years depending on the workload and location of the immigration court. During this period, you may need to attend 2 or 3 separate hearings. Participation in these hearings and being represented by a lawyer is very important. Missing any of these hearings without a valid excuse may result in a deportation order by the immigration judge.

What types of hearings are there in the asylum court process? What are Master Hearings and Individual Hearings?

In your asylum process at the immigration court; the first hearing, known as the Master Hearing, is to verify your identity, handle some administrative tasks, and schedule future hearings. The immigration judge may schedule another Master Hearing if necessary. The Master Hearing is not a trial and does not evaluate the merits of your asylum case. Additionally, your lawyer can request a separate Master Hearing to consider additional requests.

After the Master Hearing, the immigration judge will set a date for the Individual Hearing, where the merits of your asylum application will be evaluated. During this hearing, you will need to respond to cross-examinations by your lawyer and the prosecutor regarding your asylum application. After this process, the immigration judge will make a decision on your asylum application. If the decision is favorable, you can start the Green Card application process. If the decision is unfavorable, you can appeal the decision to the Board of Immigration Appeals.

Can I attend my hearings online during my asylum court process?

You can generally attend Master Hearings remotely at your lawyer’s request to the immigration court, but this is at the judge’s discretion. However, the judge will mostly require you to attend the Individual Hearing in person. Whether you attend hearings online or in person does not affect the judge’s view of your case.

Can I expedite the date of my asylum hearing?

Your lawyer can request the immigration court to expedite the date of your hearing. However, the judge’s decision will be determinative in this regard. If the judge’s schedule allows, your hearing may be rescheduled to an earlier date.

I crossed the border with my family, but we have different court dates. Can these be combined?

Your lawyer can request to combine court dates for close family members. Similarly, it is also possible to request separate courts for family members. For example, couples who entered the U.S. together from the Mexican border but later divorced can request separate court processes through their lawyer.

Do I need to bring an interpreter to my asylum court?

The immigration court will provide an interpreter so that you can participate in the hearing in your native language.

Can I change my lawyer during my asylum court process?

You are free to terminate your attorney-client relationship. You can change your lawyer during your asylum court process. Your new lawyer can notify the court that they now represent you.

Can I apply for a work permit before starting my asylum process?

You cannot apply for a work permit before starting your asylum process. The work permit process begins after your asylum application is submitted to the court. There is a 150-day waiting period after submitting your asylum application to the court. Once this period is over, you can apply for a work permit.

Is there a fee for applying for a work permit?

There is no fee for the initial work permit application after your asylum application. The first application is free.

How long is the work permit valid?

According to the latest changes on September 27, 2023, the work permit is valid for 5 years.

Do I need to apply separately for a Social Security Number (SSN) card?

You can request your SSN card along with your work permit application. Once your work permit is approved, your SSN card will be sent to you.

How long after applying for a work permit can I receive my card?

You will receive your work permit card 2-4 weeks after applying. You can track the status of your work permit card using the tracking number provided by the immigration office by clicking here.

How can I check if my work permit process has started?

The timeline for the work permit starts from the date your asylum application is submitted to the court. You can check how many days have passed since your application by calling 800-898-7180.

The initiation of your asylum process, obtaining your work permit, tracking your court processes, and interviews are complex and labor-intensive processes. However, obtaining a Green Card through asylum gives you the opportunity to settle, work, and live in the U.S. With this visa, you and your family can even become American citizens in the future. Please remember that if you have questions not answered in this article, you can contact me through the comments section below this article or at cklawfirm.org.

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.

By Asim Kilinc, Immigration Attorney at CK Law Firm

In this week’s visa information post, I will discuss one of the most frequently asked visa types by my clients who wish to work or study in the United States: the J1 Visa. In this article, I will answer the most common questions about the J1 Visa based on the numerous cases I have handled and the hundreds of clients I have consulted. By reading this article, you will find answers to the following questions:

• What is a J1 Visa?
• What are the Advantages of Applying for a J1 Visa?
• Who Can Apply for a J1 Visa?
• What are the Requirements for Applying 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?

If you have any other questions about the J1 visa type, please do not hesitate to reach out to me through the comments section below, via LinkedIn, or through the website of CK Law Firm, the immigration law firm I co-founded.

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 US. This visa is generally issued to students, researchers, teachers, and other participants who need to stay in the US for a specific period. J1 visa holders are required to return to their home countries at the end of their programs. The J1 visa programs are managed by the US Department of State and supported by designated sponsor organizations. The categories under the J1 visa include:

• J1 Trainee: Allows individuals with a specific university degree or expertise in a certain field to work in the US.
• J1 Intern: A category for current students or recent graduates.
• Work and Travel (WAT): Used by university students who wish to work and travel in the US during the summer.
• Other J1 Categories: Teachers, camp counselors, au pairs, physicians, and secondary school students can also apply under various J1 categories.

What are the Advantages of Applying for a J1 Visa?

The J1 visa provides an opportunity to work in the US for a certain period, gaining diverse experiences. It offers a chance to experience American culture, improve language skills, and build an international network.

Who Can Apply for a J1 Visa?

Individuals eligible to apply for a J1 visa include:

• Undergraduate or graduate students
• Academics and researchers
• Elementary, middle, and high school teachers
• Interns and young professionals
• Au pairs
• Camp counselors
• Students and professionals in the healthcare field

What are the Requirements for Applying for a J1 Visa?

To apply for a J1 visa, you must meet certain requirements, which vary depending on the visa category but generally include:

• Requirement 1: Acceptance from a US educational institution or exchange program.
• Requirement 2: Support from a sponsor organization authorized by the US Department of State.
• Requirement 3: Return Commitment: J1 visa holders are usually required to stay in the US for a specified period and return to their home country at the end of the program.
• Requirement 4: Two-Year Home Country Physical Presence Requirement: Some J1 visa holders must stay in their home country for at least two years after their program in the US. This rule applies especially to government-funded programs or certain professions.
• Requirement 5: Health insurance is mandatory for J1 visa holders. It is essential to have suitable health insurance due to the high cost of healthcare in the US.

Where to Apply for a J1 Visa?

The application process for a J1 visa involves several steps, conducted through sponsor organizations designated by the US Department of State and US consulates or embassies.

How to Apply for a J1 Visa?

Here is a step-by-step guide to the J1 visa application process:

1. Finding a Sponsor Organization and Enrolling in a Program: Locate a sponsor organization authorized by the US Department of State for the J1 visa program. Apply to and get accepted into a suitable program listed on the US Department of State’s website.
2. Obtaining the DS-2019 Form: The sponsor organization will provide the DS-2019 form (Certificate of Eligibility for Exchange Visitor Status) after confirming your acceptance into the program. Fill out this form.
3. Paying the SEVIS Fee: After receiving the DS-2019 form, pay the SEVIS I-901 fee.
4. Paying the Visa Application Fee: Pay the required fee for the visa application.

What to Expect After Applying for a J1 Visa?

After applying and being approved for a J1 visa, you can enter the US. You are expected to comply with the laws and requirements of the program throughout your stay. It is crucial to provide accurate information and documents at each stage of the application. Due to the complexity of the process and legal requirements, it is beneficial to seek support from an immigration attorney. Feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly through LinkedIn to determine your eligibility for a J1 visa through our free consultation service. Just send us your resume, and we will get back to you within 24 hours.

Who is Lawyer Asım Kılınç?

Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.

Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.