Seeking Safety Through Asylum in the United States
At Khashmati Law, P.C., we understand that fleeing your home country is never easy—and often, it’s the only option. If you’re currently in the United States and afraid to return to your home country because of persecution or the threat of persecution, you may qualify for protection under U.S. asylum laws.
You may be eligible for political asylum if you’ve suffered persecution or have a well-founded fear of future persecution due to:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Our immigration attorneys are here to help you understand your rights and take the necessary steps to seek safety and legal protection in the U.S.
When to Apply for Asylum
You must generally apply for asylum within one year of your arrival in the United States. However, exceptions may apply if:
- Conditions in your home country have significantly changed, or
- You’ve experienced changes in your personal circumstances that now place you at risk
- Other Applicable exceptions;
We’ll help you determine whether you qualify for an exception and prepare the strongest case possible to support your claim.
The Asylum Process
To begin the process, you must submit Form I-589: Application for Asylum and for Withholding of Removal. Once filed, your case will be reviewed by U.S. Citizenship and Immigration Services (USCIS), and you’ll be scheduled for an interview with an asylum officer at a regional service center of if you are in Removal Proceedings, you will have a chance to present your case in front of a judge, during your individual hearing.
If your , you’ll be granted asylee status, allowing you to stay in the United States legally and live without fear of being forced to return home. You may also request derivative asylum status for your spouse and children.
What Comes Next
After one year as an asylee, you may apply for a green card through adjustment of status, giving you the opportunity to build a permanent life in the United States.
Asylee Relative Petitions
If you’ve been granted asylum in the United States, you may be eligible to reunite with your immediate family members through a Refugee/Asylee Relative Petition (Form I-730). This allows you to request derivative asylum status for your spouse and unmarried children under the age of 21, so they can lawfully join you in the U.S.
Who Qualifies for Derivative Asylum?
You must file the petition within two years of being granted asylum, although certain exceptions may apply. To qualify:
- The family relationship must have existed at the time you were granted asylum
- That relationship must still exist at the time you file the petition and when your family member is admitted to the U.S.
Your spouse or children may be eligible even if they are currently inside the United States—regardless of their legal status. Our attorneys can help you navigate the eligibility requirements, gather the necessary evidence, and submit a complete, timely petition.
Family Outside the United States
If your spouse or children are living abroad, and your petition is approved, they can travel to the United States and be admitted as derivative asylees:
- Children must remain unmarried, under 21, and maintain their relationship with you as the principal asylee
- Your spouse must remain legally married to you at the time of entry
There is no deadline for their travel once approved, as long as they continue to meet these qualifications.
We Don’t Just Represent You—We Stand With You
At Khashmati Law P.C., we know what it means to seek safety in a new land. Our team brings not only legal skill, but genuine compassion to every asylum case. If you or someone you love is facing danger in their home country, don’t wait—Schedule a Consultation or call us at 516-717-4757. We’ll listen to your story and fight for your right to stay safe.