Asylum is a form of legal protection that allows people who flee persecution in their home country to stay in the United States. To be eligible for asylum, you must demonstrate that you have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Frivolous asylum in the United States is an asylum application that is considered to be without merit or valid basis. It can also refer to an application in which the applicant makes a false or misleading statement, or provides insufficient evidence to support their asylum claim.

Filing a frivolous asylum application can have serious consequences, including denial of asylum and possible removal or deportation from the country.

To avoid frivolous asylum, it is essential for asylum seekers to provide accurate and truthful information, supported by documentary evidence or credible testimony.

USCIS, the United States Citizenship and Immigration Services, is a federal agency that oversees legal immigration to the United States. It is part of the Department of Homeland Security (DHS). The director of USCIS is appointed by the President of the United States, with the advice and consent of the Senate.

EOIR is the Executive Office for Immigration Review, an agency within the United States Department of Justice. It is responsible for administering immigration courts and the appeals process. EOIR’s director is appointed by the U.S. Attorney General, who is nominated by the President and confirmed by the Senate.

ICE stands for Immigration and Customs Enforcement. It is a federal agency under the Department of Homeland Security (DHS) that enforces immigration and customs laws within the United States.

ICE’s main responsibilities include:

• Immigration enforcement: ICE investigates and arrests people who are in the United States illegally or who have committed immigration violations. This includes people who have overstayed their visas, entered the country illegally, or committed crimes while in the United States.
• Human trafficking and smuggling investigations: ICE investigates and dismantles human trafficking and smuggling networks. This includes identifying and prosecuting criminal organizations involved in migrant smuggling, human trafficking, and other related crimes.
• Border and customs security: ICE collaborates in protecting U.S. borders and customs. This includes enforcing customs laws, preventing drug smuggling, and detecting illegal activity at ports of entry and other points of entry into the country.
• Detention and removal: ICE detains people who are in the process of being removed from the United States. It operates and manages immigration detention facilities in the United States and coordinates the removal of individuals to their home countries.

The Department of Homeland Security (DHS) is a cabinet-level department of the United States government responsible for protecting the country from a wide range of threats, including terrorism, natural disasters, and cyber attacks.

DHS was created in response to the September 11, 2001 terrorist attacks. The department brings together 22 different agencies, including the Federal Bureau of Investigation (FBI), the Coast Guard, and the Transportation Security Administration (TSA).

DHS’s responsibilities include:

• Homeland security: DHS is responsible for protecting the United States against all threats, both foreign and domestic. This includes preventing and responding to terrorism, protecting critical infrastructure, and managing emergencies and disasters.
• Border security: DHS is responsible for securing the borders of the United States and controlling the flow of people and goods. This includes managing and protecting land, maritime, and air borders, as well as customs enforcement and immigration law enforcement.
• Immigration and customs: DHS oversees and administers several agencies related to immigration and customs, including U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP). These agencies enforce immigration and customs laws.
• Cybersecurity: DHS works to protect critical U.S. cyber infrastructure and systems. This includes preventing cyberattacks, responding to cyber incidents, and promoting good cybersecurity practices.
• Disaster preparedness and response: DHS coordinates national disaster preparedness and response. This includes providing assistance and resources in the event of natural disasters, terrorist incidents, or other events that threaten the security and well-being of the population.

DHS is a critical department that plays a vital role in protecting the United States and its citizens.

These terms refer to the forced removal of people from the United States who have violated specific immigration laws and have been subjected to a legal process.

In principle, only a judge can deport you, and ICE can expel you. However, the procedures that initiate deportation, removal, or expulsion can be initiated at USCIS, ICE, and EOIR in federal courts. That is why it is important to seek the assistance of an immigration lawyer who can represent you in immigration court.

• Be truthful and law-abiding: Follow all immigration laws and regulations.
• Seek legal help: Consult with an immigration attorney.
• Comply with all instructions and conditions: Meet all of the requirements of your immigration status.
• Apply for asylum or other immigration relief: There are a number of legal options available to immigrants who are facing deportation.
• Avoid frivolous asylum claims: Filing a frivolous asylum claim can have serious consequences.

With truth, coherence, faith, determination, and understanding.

• Understand the asylum rules and requirements.
• Invest time and effort in your application.
• Be prepared to defend your case in court.

The location where you file your asylum application will depend on your circumstances.

• If you are at a port of entry, you must file your application with a CBP officer. The officer will provide you with a Form I-589 to complete and submit your case.
• If you are already in the United States and you were inspected and admitted, you must file your application with USCIS.
• If you entered the United States illegally between ports of entry (border, sea) and you surrendered to or were apprehended by immigration officers (ICE), you must file your application with EOIR. However, you may be able to file your application with USCIS online if you do not have an immigration court hearing scheduled.
• If you entered the United States illegally between ports of entry and you did not surrender to or were not apprehended by immigration authorities, you may be able to file your application with USCIS as an exception.

The immigration clock is a concept used to measure the amount of time a person has been present in the United States continuously. This can affect their eligibility for certain immigration benefits, such as a green card or work permit.

There are two main types of immigration clocks:

• Illegal presence clock: This clock starts running when a person enters the United States without authorization or overstays their visa. If a person accumulates 180 days or more of illegal presence, they may be ineligible for certain immigration benefits, such as a green card.
• Asylum clock: This clock starts running when a person files an asylum application with U.S. Citizenship and Immigration Services (USCIS) or an immigration court. After 150 days, asylum seekers may be eligible to apply for a work permit.

If your immigration clock stops before you have 150 days to apply for work authorization, you will not be eligible to apply for a work permit.

In general, the immigration clock in court is activated by taking action in the procedure or case.

If you have arguments to justify that the clock should be running because it is stopped for reasons beyond your control, you must write to the Court Administrator explaining why you believe it is not your responsibility and requesting that they consider reactivating the clock. In many cases, our office has been able to reactivate the clock in court.

There are many alternatives to work and live legally in the US, even if you have not accumulated illegal presence or entered the country illegally.

Here are some of the most common options:

• Immigrant visa: This is a visa that allows you to live and work permanently in the US. There are many different types of immigrant visas, each with its own requirements.
• Nonimmigrant visa: This is a visa that allows you to live and work in the US for a limited period of time. There are many different types of nonimmigrant visas, each with its own requirements.
• Green card lottery: This is a program that allows citizens of certain countries to apply for a green card, which is a permanent resident visa.
• Deferred Action for Childhood Arrivals (DACA): This is a program that allows certain undocumented immigrants who came to the US as children to receive a renewable two-year period of deferred action from deportation and to be eligible for a work permit.
• Temporary Protected Status (TPS): This is a designation that the US government can grant to nationals of certain countries who cannot return safely due to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. TPS holders are eligible to work in the US.

To get a work permit in the United States, you must first meet the requirements for a specific category of work authorization. Each category has its own requirements, so it is important to research the category that applies to you.

For example, if you are applying for asylum, you will need to have filed your asylum application at least 150 days ago and have not missed any required appointments, such as your biometrics appointment.

Once you have met the requirements for a specific category, you can file a Form I-765, Application for Employment Authorization. This form can be filed online or by mail.

The processing time for a work permit can vary depending on the category you are applying for. For example, the processing time for an asylum-based work permit is typically 90 days.

The process of requesting a work permit in the United States depends on the individual’s immigration status. There are two main ways to request a work permit:

• Through U.S. Citizenship and Immigration Services (USCIS): This is the most common way to request a work permit. To do so, you will need to file Form I-765, Application for Employment Authorization.
• Through a court: If you are applying for a work permit as part of an immigration relief or deportation defense case, you may be able to request a work permit through a court.

Types of work permits

There are many different types of work permits available, depending on the individual’s immigration status. Some of the most common types of work permits include:

• Parole: A temporary permit that allows a person to enter the United States and work.
• Adjustment of status: A process that allows a person to change their immigration status from nonimmigrant to lawful permanent resident.
• Cancellation of removal: A process that allows a person who is in removal proceedings to remain in the United States.
• Asylum: A form of protection that allows a person who is fleeing persecution in their home country to remain in the United States.
• Humanitarian parole: A type of parole that is granted to people who are facing extreme hardship.

When you move after entering the United States between ports of entry, it is important to update your address with the following agencies:

• ICE: You can update your address on ICE’s website or by calling 1-800-375-5283.
• USCIS: If you have any pending immigration cases, you can update your address on USCIS’s website or by calling 1-800-375-5283.
• EOIR: If you have any immigration hearings scheduled, you can update your address on EOIR’s website or by calling 1-800-898-7387.
• DMV: If you have a driver’s license or other state-issued identification, you can update your address at your local DMV office.

Here are the steps you need to take to update your address:

1. Check your immigration conditions. Make sure you are in compliance with any immigration conditions that were imposed on you when you entered the United States.
2. Update your address with ICE. This will help ICE keep track of your location and make it easier for them to contact you if needed.
3. Update your address with USCIS. This will help USCIS keep track of your immigration case.
4. Update your address with EOIR. This will help EOIR keep track of your immigration hearings.
5. Update your address with the DMV. This will ensure that you receive any important correspondence from the DMV, such as renewal notices or change of address cards.

By following these steps, you can help ensure that your address is up-to-date with all of the relevant agencies. This will help you stay in compliance with your immigration conditions and avoid any potential problems.

Only a licensed immigration lawyer in the United States can provide legal advice. We suggest that you always seek information and advice from an immigration lawyer whenever you are involved in a process that may end up in court.

After filing an asylum application online, you will receive a Form I-797C Notice of Action in your USCIS online account. This notice will include a receipt number and the date your application was received. You will then be scheduled for a biometrics appointment. It is important to attend this appointment.

You should also be on the lookout for any notifications or requests for a court appearance in your email or physical mail. Eventually, your case will be scheduled for an interview with an immigration judge.

If USCIS does not send your asylum application to the court, you will need to make sure that you provide a physical copy of your application to the court. In many cases, USCIS will close cases, claiming that they no longer have jurisdiction and that the cases must be filed in the appropriate courts.

Yes, you can apply for asylum after one year of arrival in the United States, but you must demonstrate that there are exceptional circumstances that prevented you from applying within the one-year deadline.

Some examples of exceptional circumstances include:

• Change in circumstances: If there have been significant changes in your personal circumstances that affect your eligibility for asylum, you may be able to apply outside of the one-year deadline.
• New evidence: If you obtain new evidence or information that supports your asylum case after the one-year deadline, you may be able to request an exception.
• Minors: Minors are not subject to the one-year deadline, as they are considered to lack the capacity to apply for asylum on their own. However, it is still recommended to apply as soon as possible.
• Change in laws: If there have been changes in asylum laws or policies that affect your eligibility, exceptions to the one-year deadline may apply.
• Retroactivity: In certain cases, immigration courts may apply retroactively new interpretations of the law that allow exceptions to the one-year deadline.
• Cultural barriers and language barriers: These factors can be relevant in the evaluation of an exception to the one-year deadline for applying for asylum in the United States. They could be considered as part of the applicant’s personal circumstances and could demonstrate that there were significant obstacles that prevented them from applying within the deadline.

If you can demonstrate that you were unable to understand the requirements or deadlines for applying for asylum due to your cultural barriers or lack of language skills, and that this constituted a significant difficulty in meeting the one-year deadline, you may be able to argue for an exception.

When you are released from ICE custody, you will be given a number of important documents. These documents will provide you with information about your case and your rights.

The most important document is the Notice to Appear (NTA). This document tells you when and where you must appear in court. It also lists the charges against you.

Other important documents include:

• Subject ID: This document identifies you and your case number.
• Parole: This document allows you to leave the United States while your case is pending.
• Order of Release of Recognizance: This document tells you the conditions of your release, such as whether you must wear an ankle monitor.
• Notice of Custody Determination: This document tells you the reason for your detention and release.

It is important to keep all of these documents in a safe place. You will need them to defend yourself in court and to make changes to your immigration status.

Papaito Services is a immigration services company that helps people live and work legally in the United States.

We specialize in:

• Immigration law: We help people apply for asylum, green cards, citizenship, and other immigration benefits.
• Human rights: We promote and defend the rights of immigrants.
• Public policy: We work to educate the public about immigration policy.
• Business registration: We help immigrants register businesses in the United States.
• Immigration education: We provide training on immigration procedures and requirements.

Our services include:

• Immigration legal services: We help people file immigration applications and petitions.
• Immigration consulting: We provide advice and guidance on immigration matters.
• Immigration education: We offer workshops and seminars on immigration topics.

We are here to help immigrants build a better life in the United States.

• It is illegal to lie. The consequences can be severe, including the loss of any immigration benefits, even if you have achieved citizenship.
• The truth is not easily forgotten. By being honest, you will always be consistent in what you say, argue, and prove.
• The truth is your best defense. When you are seeking relief, the truth is the most powerful tool you have.

The biometrics appointment is a mandatory step in the process of applying for certain immigration benefits in the United States, such as a visa, a green card, or naturalization. During this appointment, the applicant’s fingerprints, photograph, and other biometric data are collected.

The biometrics appointment has several purposes:

• Identity verification: The collection of fingerprints and other biometric data helps to verify the applicant’s identity and to confirm that the person who submitted the application is the same person who appears in government records.
• Background check: The biometric data collected is used to conduct criminal and security background checks. This allows the government to assess the applicant’s suitability to receive the immigration benefit requested.
• Document generation: The captured biometric data is used to generate identification documents, such as green cards or identification cards for naturalization applicants.

It is important to note that the biometrics appointment is generally required before a final decision is made on the application. It is also important to attend the biometrics appointment on the scheduled date and time, as failure to do so may delay or even negatively impact the application process.