H1B Visa Lawyer Blog
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
- What is the 3-year bar? If you enter the U.S. and remain in the U.S. without authorization for more than 180 days but less than one year, you trigger the 3-year bar. https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility
- What is the 10-year bar? If you enter the U.S. and remain in the U.S. without authorization for more than one year, you trigger the 10-year bar. https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility
- What are the eligibility requirements to file for asylum?
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- You must be in the United States or arriving at the border to claim asylum.
- You must file for asylum within 1 year of your arrival in the United States.
- You must meet the definition of a “refugee.” A refugee is defined as a person who is unable to unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.”
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- What is the CBP One Mobile Application? The CBP One Mobile Application was designed to allow undocumented individuals to schedule appointments to present themselves at a Point-of-Entry (POE) along the Southwest Border. According to Customs and Border Protection (CBP), allowing individuals to schedule appointments to present themselves makes the process safer and more orderly, and the information that is shared creates a more efficient and streamlined process for CBP and those individuals.
- Can I get work authorization by filing for Asylum? Yes, but it does not happen immediately. Asylum applicants may apply for an Employment Authorization Document (EAD) when their asylum application has been pending for 150 days yet their application may not be approved until their application has been pending for 180 days. This is a statutory requirement that can only be changed by Congress.
- Average wait for a Master Calendar hearing in Baltimore EOIR Immigration Court for recent arrivals at the Southern Border? Per our last consult with a recent arrival, their Master Calendar Hearing was scheduled with an Immigration Judge at the Baltimore, MD immigration court in February of 2025.
- Can I file for multiple applications for immigrant benefits if I am eligible? For instance, could I apply for asylum and file a spousal petition? If you meet the eligibility requirements for each of the applications and they are not fraudulent filings, you may submit multiple applications for immigration benefits. Let’s be clear, you may not file more than one (1) specific application for an immigration benefit, meaning you cannot file multiple TPS, Spousal petitions, or Asylum applications. Yet, you could file a TPS application, an Asylum application and a Spousal Petition, if you meet all eligibility requirements for each of those classifications.
- What is the USCIS filing fee for an asylum application? There is no filing fee to file Form I-589, Application for Asylum and for Withholding of Removal with the USCIS.
- Is seeking asylum legal? Yes, seeking asylum is legal. The right to seek asylum was incorporated into international law following World War II. Congress adopted key provisions of the Geneva Refugee Convention into U.S. immigration law when it passed the Refugee Act of 1980. Asylum seekers must be in the United States or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum.
- If I am granted asylum, when may I apply for my Green Card? You may apply for a Green Card one (1) year after being granted asylum. You apply for your Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, December 15, 2023!
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