Questions about Asylum Law

Seeking Asylum in the US is not easy. The qualifications for asylum, procedures needed to be followed, and related issues can be daunting and legal questions related to asylum and immigration law can arise. Knowing the legal standing can help you address various legal implications while seeking asylum in USA. Below are the top questions about asylum answered by Immigration Lawyers on JustAnswer.

If New York residents are awaiting the decision from the office of immigration regarding asylum application since 2008, what can they do?

The first thing would be to call the customer service number at 1-800-375-5283 to update and check with them on the status of your application. If this does not get the results you anticipated, you can visit http://infopass.uscis.gov/ and make an appointment to speak to an immigration officer in person. You can even contact your U.S. Congressmen and get them involved. This can be quite effective since most have staff dedicated to handling these types of issues. Hiring an immigration attorney to find out the status and push the case along can also be an option you could consider.

If someone from Iran lives in LA and has an asylum approval, can they get their green card through the lottery system?

In most cases, if your rank number falls below the number listed in the visa bulletin, you may file their I-485 based on the DV lottery as long as you have not gone out of status before you applied for asylum. Since Iran is considered by the U.S. to be in Asia, the number would have to be 39,750 or below. If not, then you have to wait until September before being able to file the I-485. If you have similar asylum or immigration law questions, the Experts on JustAnswer can answer them quickly and help you find the best course of action available to you.

How can a refugee get their pregnant spouse and child to the US and how long could it take?

The application for the status of a refugee is when a person outside the US applies to come in. Asylum is when you are already inside and you apply to stay. If you were granted the status of a refugee, depending on whether you were granted refugee status outside the U.S., or inside the U.S., you would need to apply for your spouse and children using form I-730. Processing could take about 6 or 7 months plus whatever time the U.S. Embassy or Consulate takes to process which could be another 1 to 3 months.

Can a 19 year old illegal immigrant be adopted by an American citizen in California in order to stay here and work?

Usually, for a "child" to obtain a U.S. immigration benefit through an adoption, that child must be under 16 when the adoption is completed. The only exception is if it is a sibling that is adopting the child. In such cases, the child being adopted needs to be under 18 years of age.

If someone is considering hiring an undocumented worker as a live-in housekeeper/nanny, what are the risks to the employer?

There could be civil and criminal penalties for hiring illegal aliens. Sec. 274A of the Immigration and Nationality Act (INA) and 8 U.S.C. 1324a, makes it unlawful for any person to knowingly hire, recruit or refer for a fee any alien not authorized to work in USA. An employer that violates these laws can face the following penalties:

• $250 to $2,000 fine for each unauthorized individual;
• $2,000 to $5,000 for each employee if the employer has previously been in violation; or
• $3,000 to $10,000 for each individual if the employer was subject to more than one cease and desist order.

The employer could also be fined $100 to $1,000 for each individual "paperwork" violation. The criminal penalties for a pattern and practice violation can be up to $3,000 for each unauthorized alien, imprisonment up to six months, or both.
Immigration and asylum laws can be tough to understand with a fine line of distinction. The legal distinctions between various immigration statuses can lead to misunderstanding of the law. In matters of immigration, t is always best to be well informed and clear of your legal standing. The Experts on JustAnswer can help asylum seekers get quick and affordable answers to their questions about immigration law.