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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 Ergul Celiksoy, Immigration Attorney at CK Law Firm
The O-1 visa, commonly known as the extraordinary ability visa, is a special type of visa granted to individuals who wish to work in the United States and possess exceptional talents in specific fields. This visa is suitable for applicants with above-average achievements in science, arts, entertainment, sports, and business. However, it is essential to be well-prepared before applying for an O-1 visa. One of the most critical factors to consider during preparation is understanding the O-1 visa fees. In this article, I will cover the following topics related to the O-1 visa cost:
- What Are the Requirements for the O-1 Visa?
- How Much Is the O-1 Visa Application Fee?
- Additional Costs During the O-1 Visa Application Process
- Is It Possible to Reduce O-1 Visa Costs?
In this post, I will provide detailed information on the O-1 visa fees and highlight key points you need to consider. If you have any further questions beyond the topics covered here, feel free to leave a comment on this blog or reach out to us through our website. For other inquiries, you can also contact me directly via LinkedIn.
What Are the Requirements for the O-1 Visa?
The O-1 visa requirements are primarily focused on the applicant’s ability to prove their extraordinary talent. At this point, the evidence required for the O-1A visa and the O-1B visa differs. For a detailed review of the O-1 visa, you can also check out our post titled “O-1 Visa Comments: A Beginner’s Guide.”
O-1A Visa Requirements
Applicants for the O-1A visa must meet specific criteria. Having some of the following qualifications can greatly improve the chances of a successful application:
- Possession of significant national or international awards or a career marked by winning such awards.
- Membership in associations or organizations that require outstanding achievements for admission.
- Publications or media coverage about the applicant’s achievements in professional journals, major commercial publications, or media outlets.
- Serving as a judge or panelist in evaluating the work of others in scientific, academic, or artistic fields.
- Original contributions or innovations in their field that have had a significant impact.
- Authorship of important scientific articles or industry reports.
- Holding critical roles in distinguished organizations and carrying significant responsibility.
- Earning a high salary or substantial compensation compared to others in their field.
O-1B Visa Requirements
Individuals applying for the O-1B visa must demonstrate extraordinary talent in arts, film, or television. Meeting some of the following criteria can qualify an applicant for this visa:
- Serving as a lead or starring role in distinguished productions or events, supported by reviews, promotional materials, contracts, or endorsements.
- Holding a significant or leading position in well-known organizations, with evidence from articles in newspapers, trade journals, or publications.
- Achieving national or international recognition, with coverage in major newspapers, trade magazines, or other professional publications.
- Demonstrating commercial success of their projects through ratings, box office earnings, or critical reviews.
- Receiving praise or recommendation letters from recognized experts, critics, or professional organizations.
- Having contracts or other reliable evidence showing that they command a high salary or significant financial compensation.
How Much Is the O-1 Visa Application Fee?
The answer to how much the O-1 visa costs depends on the basic application fees and additional service charges that applicants and sponsors are required to pay. The fees for sponsors may also vary depending on the type of organization. After the February 2024 fee changes, the O-1 visa fees are as follows:
Fees for Filing Form I-129:
- For U.S. non-profit organizations: $530
- For organizations with 25 or fewer full-time employees: $530 base fee plus a $300 Asylum Program fee, totaling $830
- For all other applicants: $1055 base fee plus a $600 Asylum Program fee, totaling $1655
Premium Processing Fee:
The fee for Premium Processing Service, used to expedite applications, is set at $2805 as of February 2024. This service is intended for urgent cases and reduces USCIS’s response time to 15 Federal business days.
Understanding these updated fees is crucial for planning your O-1 visa application. If you need further assistance or professional guidance to ensure a smooth application process, feel free to contact us.
Additional Costs During the O-1 Visa Application Process
The O1 visa fees are not limited to the petition fees paid to USCIS. Applicants may encounter additional costs during the application process, including:
- Consultation and Attorney Fees: Professional assistance from an immigration attorney can be crucial to ensure that the application is correctly and completely prepared. Attorney fees typically range from $2000 to $5000, depending on the firm and the scope of services provided.
- Visa Interview Fee: Applicants must pay a separate fee for the visa interview at the U.S. consulate. The interview fee is $190.
- Travel and Document Preparation Costs: Gathering documents, obtaining translations, and notarizing them can incur additional expenses. These costs vary depending on the applicant’s specific situation.
Is It Possible to Reduce O-1 Visa Costs?
It is possible to reduce O-1 visa costs by following certain strategies. Professional assistance during the application process can help avoid unnecessary expenses by ensuring that the documentation is complete and correct. Here are some tips for minimizing costs:
- Prepare Documents Accurately: If USCIS requests additional information or documents, the process may be delayed, and additional costs may arise. Preparing documents correctly before submission can help avoid these issues.
- Compare Consulting Firms: Working with experienced immigration attorneys or consulting firms can increase your chances of approval and reduce costs in the long run. Comparing the services and fees of different firms can help you find more affordable options.
- Consider Whether Premium Processing Is Necessary: While premium processing can expedite the process, it also adds significant cost. If you are not in urgent need of a decision, opting for the standard processing time can save money.
- Choose the Correct Category: The O-1 visa has different categories, and applying under the wrong category can result in rejection, leading to additional costs for reapplication. Seeking professional guidance can help ensure that you apply under the appropriate category.
Reducing O-1 visa costs is possible with careful planning and by taking the right steps. If you have any questions about the process, feel free to contact us through our website. You can also reach out to me directly on LinkedIn for personalized guidance.
The O-1 visa fees can vary depending on the basic application costs and additional expenses incurred during the process. Seeking professional support for your O-1 visa application can help streamline the process and reduce the risk of rejection. If you are planning to apply for an extraordinary ability visa, feel free to contact us for detailed information and assistance.
Asım Kılınç, Immigration Attorney, CK Law Firm
One of the most significant challenges for J1 visa holders has been the two-year home residency requirement, which mandated participants in academic, research, or cultural exchange programs to return to their home country for two years before applying for permanent residence or other nonimmigrant visas in the U.S. This rule has often left individuals unable to accept job offers, pursue career opportunities, or apply for Green Cards. However, with the U.S. Department of State’s recently updated Exchange Visitor Skills List, effective December 9, 2024, many J1 and J2 visa holders are no longer subject to this requirement. This update marks a monumental shift, providing new opportunities for scholars, researchers, and professionals from impacted countries.
What Is the Exchange Visitor Skills List?
The Exchange Visitor Skills List, published by the U.S. Department of State, identifies specific fields and countries whose J1 visa holders are required to return to their home country for at least two years. The purpose of this policy is to prevent brain drain by ensuring that individuals contribute their acquired skills to the economic and social development of their home nations.
The list is updated periodically and takes into account factors such as a country’s economic conditions, human resource development needs, and per capita income levels. Historically, fields such as engineering, medicine, information technology, agriculture, and education have been the focus of this list.
The 2024 Update: A Major Shift
The newly revised Exchange Visitor Skills List brings significant changes, with many countries being removed from the list. Among the key updates:
- Removal of Many Countries
Countries such as Turkey, India, China, Brazil, and South Korea are no longer included in the list. This means their J1 and J2 visa holders are no longer subject to the two-year home residency requirement. - Updated Criteria for Inclusion
Countries were reassessed based on updated economic metrics, such as per capita GDP, human capital development, and emigration rates. Nations with a per capita GDP above $7,500 are generally no longer included on the list. - No Changes to Eligible Fields
The fields listed in the Exchange Visitor Skills List, such as medicine, engineering, and education, remain the same as in previous versions.
What This Means for J1 and J2 Visa Holders
This update provides significant benefits for J1 visa holders and their dependents (J2 visa holders) from the countries removed from the list.
- No More Home Residency Requirement
J1 and J2 visa holders from removed countries, such as Turkey, India, and Brazil, are now free to remain in the U.S. without returning to their home country for two years after completing their program. - Simplified Green Card and Visa Transitions
Individuals can directly apply for permanent residency through categories such as EB2-NIW or EB1-A or transition to other visa types without being restricted by the two-year home residency requirement. - Increased Career Opportunities
Scholars, researchers, and professionals can now accept U.S.-based job offers, pursue promotions, and build their careers without disruptions.
Countries Removed from the List
As of December 9, 2024, the two-year home residency requirement no longer applies to J1 and J2 visa holders from the following countries:
- Albania
- Algeria
- Argentina
- Bahrain
- Bangladesh
- Bolivia
- Brazil
- Chile
- China
- Congo (Kinshasa)
- Costa Rica
- Dominican Republic
- Gabon
- Georgia
- Guyana
- India
- Indonesia
- Kazakhstan
- Laos
- Malaysia
- Mauritius
- Montenegro
- Namibia
- Oman
- Paraguay
- Peru
- Romania
- Saudi Arabia
- South Africa
- South Korea
- Sri Lanka
- Thailand
- Trinidad & Tobago
- Turkey
- United Arab Emirates
- Uruguay
Implications for Other Countries
For countries still included in the list, the two-year home residency requirement remains in effect. This means individuals from these nations must return home and fulfill the requirements before pursuing permanent residency or other visa options in the U.S.
Final Thoughts and Recommendations
Removing the two-year home residency requirement for J1 and J2 visa holders from certain countries is a game-changer for those seeking to advance their careers and lives in the U.S. However, those from countries still on the list should carefully evaluate their options.
Recommendations for J1 and J2 Visa Holders:
- Check Your Eligibility: Determine whether your country is included in the updated list and whether the requirement applies to you.
- Seek Advisory Opinions: If you are unsure, request an Advisory Opinion from the U.S. Department of State to clarify your case.
- Consult Immigration Experts: Work with experienced immigration attorneys to navigate your visa or residency transition effectively.
For personalized guidance and expert support in managing your immigration journey, contact CK Law Firm. Our team is here to help you achieve your goals and take full advantage of the latest policy changes.
Asım Kılınç, Immigration Attorney, CK Law Firm
The O-1 visa, commonly known as the extraordinary ability visa, allows individuals with exceptional skills in specific fields to live and work in the United States. It is specifically designed for professionals in science, education, business, arts, and athletics who have demonstrated significant achievements. While the O-1 visa provides a temporary opportunity to build a career in the U.S., many wonder if it is sufficient for long-term residence or if a green card is necessary. In this article, we will explore the connection between the O-1 visa and the green card, covering the following key topics:
- Types of O-1 Visas
- O-1 Visa Application Process
- Validity Period of the O-1 Visa
- O-1 Visa Extension Process and Required Documents
- Transition from O-1 Visa to Green Card
If you have any questions beyond the topics discussed here, feel free to reach out to us through the comment section or via the official CK Law Firm website. For personalized consultation, you can also contact me directly through LinkedIn.
Types of O-1 Visas
The O-1 visa is categorized based on the applicant’s field of expertise. Below are the main categories:
- O-1A Visa: Issued to individuals with extraordinary abilities in science, education, business, or athletics.
- O-1B Visa: Designed for those with exceptional talent in the arts or those recognized in the motion picture or television industry. This is often referred to as the O-1 artist visa.
- O-2 Visa: Granted to individuals assisting an O-1 visa holder during a specific event or performance.
- O-3 Visa: Issued to the spouse and unmarried children under 21 of an O-1 visa holder.
Each type of O-1 visa requires different documentation during the application process. Determining the right category for your situation is crucial, and seeking professional guidance can help streamline the process.
O-1 Visa Application Process
Applicants seeking an O-1 visa must provide substantial evidence of their extraordinary abilities. The basic steps in the application process are as follows:
- Finding a Sponsor: The O-1 visa cannot be obtained independently; a U.S.-based sponsor or employer must file the petition on behalf of the applicant. The sponsor submits the petition to USCIS (U.S. Citizenship and Immigration Services).
- Preparing the Necessary Documents: The sponsor’s petition must include evidence of the applicant’s extraordinary abilities, such as awards, publications, and notable professional achievements.
- Approval by USCIS: Once submitted, USCIS reviews the petition and either approves or denies the application. The processing time may vary depending on the completeness and accuracy of the documentation.
Validity Period of the O-1 Visa
Initially, the O-1 visa is granted for a period of three years. After the initial period, the visa can be extended in one-year increments as long as the applicant continues to meet the eligibility criteria. There is no maximum limit on the number of extensions, but each extension requires new supporting evidence.
During the validity of the O-1 visa, the holder can work in the U.S. only for the employer or project specified in the original petition. The law prohibits engaging in other jobs or projects without proper authorization.
O-1 Visa Extension Process and Required Documents
To extend the extraordinary ability visa, applicants must provide valid reasons and updated documentation. Key steps in the extension process include:
- Continued Sponsorship: The current sponsor must confirm that the applicant will continue working on the specified project or job. The sponsor submits a new petition to USCIS, which forms the basis for the extension request.
- New Evidence: Applicants must present updated evidence of their ongoing extraordinary contributions, such as additional awards, publications, or project involvement.
- Filing Form I-129: The sponsor must complete and submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS. This form is essential for officially initiating the extension process.
USCIS typically processes extension requests within two to three months. However, applicants can opt for premium processing, which guarantees a decision within 15 calendar days.
Transition from O-1 Visa to Green Card
For many O-1 visa holders, transitioning to a green card is a natural next step, especially for those seeking permanent residence in the U.S. While the O-1 visa offers temporary work authorization, renewing it annually can become burdensome. Therefore, many individuals prefer to apply for a green card through specific employment-based categories. Below are key details regarding the transition:
- EB-1 Visa Category: Most O-1 visa holders qualify for the EB-1 green card category. EB-1 (Employment-Based Immigration: First Preference) targets individuals who demonstrate extraordinary abilities in fields such as science, arts, education, business, or athletics. This category offers a faster path to permanent residency compared to other employment-based green card options.
- No PERM Requirement: Unlike other employment-based green card categories, EB-1 applicants are typically exempt from the PERM (Program Electronic Review Management) labor certification process. This exemption accelerates the application process, as the employer does not need to prove that there are no qualified U.S. workers available for the position.
- Filing Form I-140 and Form I-485: To apply for a green card, the applicant’s sponsor must first file Form I-140 (Immigrant Petition for Alien Worker) with USCIS. After USCIS approves this petition, the applicant files Form I-485 (Application to Register Permanent Residence or Adjust Status) to change their status from a nonimmigrant to a lawful permanent resident.
Successfully navigating the transition from an O-1 visa to a green card requires careful preparation and adherence to U.S. immigration laws. Seeking professional assistance can significantly improve the chances of a successful application.
If you are considering applying for a green card or need help with your O-1 visa(extraordinary ability visa), feel free to contact us through our website. For personalized guidance, you can also reach out via LinkedIn.
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.
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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