What does adjustment of status mean in U.S. immigration, and is it something you should do?

This guide explains Adjustment of Status petitions and more.

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Table of Contents

    What is Affirmative Asylum?

    Affirmative asylum applies to individuals who are already in the United States and request the protection of the U.S. so that they don’t have to return to their country of origin. Such individuals haven’t been placed in removal proceedings.

    Can Members of Your Family Seek Asylum With You?

    When it comes to including members of your family on your petition for asylum, if you list your spouse and kids — children who are under age 21 and are unmarried — and all are located in the U.S., USCIS will grant them asylum if they grant it to you, and all of you will be able to remain in the United States.

    Be aware that if any members of your family are barred from obtaining asylee status, they may be denied by USCIS.

    Family members who are located outside of the U.S. may be able to receive derivative asylum if you petition for them, which you can do through Form I-730, Refugee/Asylee Relative Petition.

    Children must be under age 21 and unmarried.

    Will You Be Able to Work After Being Granted Asylum?

    After you are granted asylum, you will be considered an asylee and receive an I-94, Arrival and Departure record stating that you’re allowed to stay in the U.S. for an indefinite period of time. You are immediately permitted to work. As proof of your permission to work, you can get a photo ID document from USCIS by applying for an Employment Authorization Document (EAD), but you do not need this in order to be able to work.

    What Benefits Are Available to You as an Asylee?

    As an asylee you’re eligible to apply for benefits that include help with job training and your job search, assistance with cash and your medical needs, an unrestricted Social Security card, and a Refugee Travel Document. It’s in your best interest to work with a skilled immigration attorney who can help you complete and submit the proper documentation so that you may receive all of the benefits available to you as an asylee.

    Can Your Asylum Status Be Terminated?

    Your status as an asylee may be terminated if:

    • Your fear of being persecuted is no longer justified due to a change in the circumstances within your home country
    • You’ve received protection from another country
    • You’ve committed crimes that disqualify you

    Do You Need to Talk to an Austin Immigration Attorney About Petitioning for Asylum?

    If you’re trying to petition for asylum in the United States for yourself, or for you and your family, we may be able to help you. Call our office today to schedule a consultation with our Family Immigration Attorneys. You’ll talk to an experienced Austin immigration attorney who can give you case-specific legal advice.

    Are you in need of help from an Immigration Attorney?

    Don't hesitate to contact Nanthaveth & Associates. We have helped many people in the same situation as you. Contact us today for a consultation.

    Are you in need of help from an Immigration Attorney?

    Don't hesitate to contact Nanthaveth & Associates. We have helped many people in the same situation as you. Contact us today for a consultation.

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    Vi Nanthaveth

    Vi Nanthaveth

    Owner & Founder

    Vi Nanthaveth is the founder and managing attorney of Nanthaveth & Associates in Austin, Texas. Her journey from refugee to attorney has shaped both her life and her practice, giving her a unique perspective on the challenges and triumphs of immigration.

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