FAQ

How to obtain a work permit with the asylum application?

Asylum is a right, enshrined in the laws of the United States, through which protection is granted to residents of other countries who are persecuted for political, ethnic, or religious reasons or for being part of a certain social group. In this sense, asylum offers the possibility of remaining on US soil without the risk of being deported.

To be eligible for asylum, a person must be physically in the United States and show that they or a family member have been harmed or are in danger of harm. In this regard, we can affirm that there are two main types of asylum. The first is affirmative asylum, that is requested when the person is not in deportation proceedings. The second is defensive asylum, which is requested when the person is being deported or processed to be expelled from the country.

Is it possible to work in the United States with asylum?

It is possible to work in the United States with asylum. To do this, the person must apply for a work permit called an “Employment Authorization Document” (EAD). To request a work permit, the laws establish two options. The first is to wait for the positive resolution of your asylum case, that is, for the state to recognize the imminent risk you run in your country of origin; and the second option refers to the waiting period of 6 months or 150 days that the state grants to be able to make an EAD application, this is known as the “Asylum Clock”.

Can I obtain a work permit by winning my asylum case?

It is logical to suppose when a person wins their asylum case, they automatically obtain the right to work in the United States. If this is the case, it will not be necessary to apply for the EAD work permit since they will receive a social security number which will enable them to work in United States territories. However, this option may not be the most suitable, since asylum cases usually take several years to resolve due to the very high demand that exists. While your case is being resolved, you will not be able to legally work in the United States.

Can I obtain a work permit through the “Asylum Clock”?

Most asylum cases are complicated and tend to take time, for this reason, immigration laws stipulate a minimum time for the person to apply for a work permit when their asylum case has not yet been resolved. This is known as the “Asylum Clock”.

The law establishes that after 6 months or 150 days of having been present in the asylum, the person has the right to request an EAD work permit before the US Citizenship and Immigration Services (USCIS), which in Spanish means “United States Citizenship and Immigration Services.”

This request is made through the USCIS form I-765, and once submitted, the authorities have a period of 30 days to approve. By adding the 150 days plus an additional 30, an asylum seeker can work legally in the United States in 6 months or 180 days after submitting your application.

If you are considering applying for asylum in the United States, contact Jossie Rivera Cruz, a North Carolina immigration attorney with a proven track record of advocating for those most in need.

What you should know before applying for US citizenship?

Immigrants in the United States can apply for citizenship through a process called “naturalization.” To do this, they must comply with a series of procedures, processes, and requirements that will change depending on their legal status, length of stay in the country, marital status, and other elements, such as having provided military service.

At this point it is important to clarify that every person born in the United States is considered a citizen of that country. However, those who were born in other countries can acquire US citizenship by “acquisition”. That is when their parents are citizens of the United States or through the “naturalization” process.

Basic requirements to apply for naturalization

To apply for United States citizenship, individuals must meet the following requirements:

• Be at least 18 years old.
• Be permanent residents of the United States and have been in the country for at least 5 years, or 3 years for those applying as the spouse of a US citizen.
• Have knowledge of the English language at a basic level to speak, listen, and write.
• If the person is at least 55 years old, with a permanent residence of at least 15 years, or has some type of disability, the language requirement is waived.
• Not having left US soil for a period of time greater than 6 continuous months.
• Must have good moral character. (By this we mean that the person must demonstrate that they are honest and abide by the laws.)
• Know about the laws, history, and type of government in the United States.

What is the naturalization process like?

To begin the naturalization process, the first thing you must do is verify that you meet the requirements set forth by law. After which, you can complete the USCIS N-400 form, collect all the documentation that accredits you as eligible, and submit the application to the United States Citizenship and Immigration Services upon payment of the corresponding fees. This payment includes the cost of the biometric data capture service, for which an appointment will be scheduled where your fingerprints, your signature, and a photograph of your face will be taken.

After obtaining your biometric data, the USCIS will send you a notification to attend an interview where your level of English will be tested. You will be asked a series of questions related to the form of government of the United States and its history.

Once the test is taken, you must wait for the USCIS’s decision on your naturalization application. If approved, you will attend a ceremony in court or at the Immigration Service Office, where you will swear allegiance to the United States.

If you want to start your naturalization process in the United States or need help before the immigration exam to obtain American citizenship, Rivera Immigration Law can advise you throughout the process. Our immigration lawyers are trained and have enough experience to help you realize the long-awaited “American Dream”. Contact us to schedule an appointment.

How to pay immigration fees by credit card?

The US immigration processes are not free and must be paid for so that the process can take its legal course. The United States Immigration Service (USCIS) has a web page where the different rates established by law are displayed.

There are some special cases where there is no charge for carrying out immigration procedures, such as children who enter the United States covered by the Hague adoption program, permanent residents who return to the country, and immigrants who have a K visa.

How are the fees for immigration procedures paid?

To pay the fees corresponding to immigration procedures, the USCIS has an online platform available to users so that they can do so with total comfort and security. The first step will be to enter the electronic immigration system and log in, then you must download a PDF file that shows the different fees associated with immigration procedures. Keep in mind, this fee can be paid by you, a friend, family member, or by your lawyer.

Payment of immigration fees can be made with a debit card, credit card, or by providing a US bank account and routing number for the system to automatically debit.

Paying with a credit card

All immigration fees can be paid using a credit card (Visa, MasterCard, Discover, or American Express). In these cases, it is important that your card has sufficient funds to carry out the transaction. If it’s rejected, the platform will not make a second collection attempt.

To proceed, make the payment with a credit card, and fill out authorization form G-1450. Please note that this form will have to be attached to your application.

Once the submission is accepted, the system will charge automatically according to the type of request made. At this point, it is important to note that the G-1450 form will be securely deleted to protect the applicant’s data. It is also important to mention that the platform has a daily limit for the collection of immigration fees, the amount of which is stipulated at $24,999.99.

If for some reason your payment exceeds this figure, which is unlikely, you can use a debit card, or make a transaction directly using your checking account.

Regarding the number of payments to be made

You should take into account that each application or request you make must be accompanied by an individual payment, for example, if you fill out two applications, you will need to complete two G-1450 payment forms. However, you can make the payment for the presentation and the capture of the biometric data on the same form.

If you need help making online immigration payments, expert immigration lawyer Jossie Rivera Cruz, will be able to advise you on each of the steps to follow. Contact our firm as soon as possible to schedule an appointment.

What are the family petitions that a United States citizen can make?

Family reunification through the immigration process of family petitions is very common in the United States. The Immigration and Nationality Act (INA) establishes two categories of visas. The first refers to immediate relatives and the second is based on the US citizen family preference.

In this case, the citizen of the United States who completes an application or petition of a relative will be called the “Petitioner”, while the requested person will be known as the “Beneficiary”.

Which relatives can I request?

You can request immediate relatives. That is those who are closely related to the US citizen, such as the spouse, children, and parents. In this case, the petitioner may request their unmarried children who are under 21 years of age, their parents as long as the petitioner is over 21 years of age, and their respective spouse.

At this point, it is important to mention that there are no limits to the immediate relatives who can apply, since there are always visas available, therefore they will not have to wait for a visa number to obtain a “Green Card”.

On the other hand, in the family preference category, the available visas are subject to a maximum number established by the authorities. Obtaining a visa will be available based on the priority date established in the I-130 petition form. The first preference is for an unmarried child over the age of 21 of a citizen, the second preference is for the spouse and/or child under the age of 21 of a permanent resident, the third preference is for a married child of a US citizen, and lastly, the fourth preference is for a sibling of a citizen.

What are the forms to make family petitions?

The United States Immigration Service has several forms to make family petitions, these are:

• Petition for Alien Relative – Form I-130.
• Affidavit of Financial Support – Form I-864.
• Application for Permanent Residence or Adjustment of Status – Form I-485.
• Petition for Alien Fiancé(e) – Form I-129F.

Steps to apply for a family member

The first step a citizen must take to petition for a relative is to complete Form I-130. Said form will be approved by the immigration authorities, as long as the relationship that exists between the petitioner and the beneficiary is demonstrated. Once the I-130 form is approved, the beneficiary may apply to become a permanent resident of the United States through the I-485 form as long as he or she is already in the United States. However, if the beneficiary is outside the United States, they will have to complete a visa application with the Department of State through the National Visa Center (NVC). This process can be done at any US embassy or consulate in their country.