Can Asylum Help You Obtain Residency Through EB-2 NIW / Labor Certification?

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Many people are interested in filing work visa petitions under the EB-1, EB-2, and EB-3 categories. However, in many cases the law requires that the applicant for one of these visas not have accrued more than 180 days of unlawful presence in the United States.

How does asylum help in these cases?

When a person files an asylum case, this stops or pauses the accrual of unlawful presence time in the country.

If you have not yet reached 180 days and fear returning to your home country, considering filing an asylum case may prevent you from accruing unlawful presence, which could make you eligible for a work visa.

For visas that are current, such as EB-1 and EB-2, this allows many applicants to even apply for permanent residency from within the United States.

It is very important that you receive proper guidance on these visas and how they can work alongside an asylum case for the benefit of a work visa.

If you have questions about any of these visas or any immigration process, contact us.