Navigating the complex U.S. immigration system can be daunting, especially when pursuing unique overstayed visa solutions like seeking asylum. An overstayed visa is an issue that occurs when an individual stays in a country longer than they are allowed to under their current visa.
LaToya McBean Pompy is a New York immigration lawyer who immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
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Seeking Asylum As An Overstayed Visa Solution
Many people seek asylum in the U.S. every year because they have suffered persecution or fear that they may suffer persecution on a racial, religious, national, political, or social basis in their country of origin. If you are in the U.S. on an overstayed visa, you are still eligible for asylum.
How To Seek Asylum in the U.S.?
The first step is to file Form I-589, Application for Asylum and for Withholding of Removal. This must be filed within 1 year of arrival in the U.S.
Late filings outside this 1-year timeframe may also be accepted with an appropriately formatted application and argument. This is why it is so important to work with an experienced lawyer, and the team of New York immigration lawyers at McBean Law would be more than happy to assist.
What Documents Can I Get When Seeking Asylum?
The U.S. government may grant you special documents while your asylum application is pending.
One of these documents is the Employment Authorization Document, otherwise known as an EAD, a work permit, or, officially, Form I-766. This document provides proof that you are eligible to work legally in the United States regardless of your current green card status.
Another document is Advance Parole, which is a travel document granting the applicant permission ahead of time to re-enter the United States if they leave the country during the application process.
Issues With Asylum Application Filing
There are many difficulties those seeking asylum in the U.S. will have to overcome in order to have a successful application process and a good outcome.
Late Filing
Being late with filing your asylum application can have a detrimental effect on the outcome of your immigration experience in the U.S.
It is important to know how to file for asylum, especially if the filing is late, so having a good immigration lawyer is essential. The team of New York immigration lawyers at McBean Law can assist you every step of the way.
Denied Application
Asylum is very difficult to obtain if you do not provide USCIS with sufficient evidence to prove your claim. As discussed, USCIS will refer your case to Immigration Court for a judge to consider the merits of your application if USCIS does not approve your case. The approval rate in removal proceedings will depend on your jurisdiction. For some jurisdictions, the approval rate may be as high as 70% or even 80%, but there are jurisdictions where the rate is much lower than this. This information can be found with a simple Google search, and will allow you to set your expectations and plan accordingly.
If USCIS does does not approve your asylum application, you will be sent into removal proceedings where you may argue your case before a judge.
Extensive Proof
Another major setback to a lot of asylum applications is the fact that you will need to provide extensive documentation and proof that you are eligible for this overstayed visa option.
You must provide evidence and credible witness testimonies that can attest to your prosecution or fear of prosecution in your country of origin.
Lengthy Wait
Many asylum seekers are stuck in backlogs with both USCIS and EOIR, meaning that you may experience very long wait times when applying for asylum.
However, we at McBean Law have had cases that go through the entire process much quicker, with some clients managing to get approval within a year of filing their asylum application.
Planning Your Roadmap to Success
Despite nuances and snags, thousands obtain green cards through asylum annually and find stability. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with New York immigration lawyers like the team at McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is a New York immigration lawyer who immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
