One of the questions many people may have is, “Can you apply for asylum while on a tourist visa?” The answer is yes; however, you may want to talk to an attorney before you apply for asylum. The U.S. government may cancel your tourist visa if you apply for asylum because you are saying you would like to stay in the United States permanently rather than on a temporary tourist visit. An attorney can help you by reviewing your situation and making sure applying for asylum and losing your tourist visa is in your best interest.
Getachew & Ansari Immigration Attorneys, P.C., provides personalized legal support to people who are seeking asylum, a Green Card, or another type of lawful status in the United States.
Many on our team have also gone through the immigration process, including one of our experienced asylum attorneys, Medya Ansari, whose family immigrated to the United States from Iran.
Can I Apply for Asylum in the U.S. While on a Tourist Visa?
Yes. You may be able to apply for asylum in the United States if you are in the country on a tourist visa. Part of the asylum eligibility criteria is that the applicant is in the United States legally and applies for asylum within one year of arriving. Being in the United States on a travel visa could mean that the applicant meets the residency requirement.
What Happens to My Tourist Visa if I Apply for Asylum?
If you apply for asylum, you may lose your tourist visa. When someone asks the United States government for a tourist visa, they are asking for permission to stay in the U.S. temporarily, such as for a vacation or to attend a friend’s wedding.
However, when someone asks for asylum, they are stating that they are in the United States and would like to stay in the U.S. permanently.
If someone with a travel visa applies for asylum, they have changed how long they want to stay in the United States and their intention for being in the country. Because they are no longer in the U.S. to be there for a short amount of time, they would no longer be eligible for a tourist visa.
Asylum Eligibility for Visitors in the U.S.
To qualify for asylum, the applicant needs to meet several criteria. For example, the applicant needs to be in the United States legally, such as on a tourist visa, and apply for asylum within one year of their arrival. Additionally, they need to be admissible, which includes not having certain types of criminal charges on their record.
They should also be able to prove they cannot return to their country of origin because of a fear of persecution. The persecution needs to be based on the person’s religious beliefs, political views, nationality, or race, or because they are part of a social group.
The person and their non-immigrant sponsor would submit the required immigration forms, unless the person qualifies to file a self-petition. They would also need to participate in an interview with United States immigration officials and may be required to get a medical exam or attend a psychological screening for asylum.
The One-Year Filing Deadline for Asylum
When you apply for affirmative asylum, you may need to do so within one year of when you arrive in the United States. If you miss this one-year deadline, it may be harder for you to apply for affirmative asylum, if at all. A seasoned immigration attorney can help you complete the necessary steps to request asylum and defend your application.
How a Tourist Visa Holder Can File for Asylum
A tourist visa holder can apply for asylum by following the formal steps required by United States immigration law. For example, they would need to complete and submit the appropriate forms, such as Form I-589, and supporting documentation. They may also be required to attend an interview with immigration agents. During the interview, the person may have to answer questions about why they are applying for asylum and why they would like to stay in the United States as a lawful permanent resident.
Risks of Filing for Asylum on a B1 or B2 Visa
The primary risk of filing for asylum if you are on a B1 or B2 tourist visa is that you may be ineligible for the tourist visa.
The reason you may lose your tourist visa is that you have changed your intentions about your stay in the United States.
Tourist visas are given to eligible applicants who want to travel to the United States and stay in the country lawfully for a short time. Since an asylum claim is how someone requests to remain in the United States legally and permanently, the person would no longer qualify for a tourist visa.
Required Evidence To Support Your Asylum Claim
When you apply for asylum, the United States government will ask for many different pieces of information to support your fear of persecution. Evidence you can use to prove your claim includes country reports (if available), an assessment from an approved asylum psychologist, and statements from you, your loved ones, or law enforcement about the feared persecution.
The United States government will also review your background and purpose for staying in the United States. For example, U.S. agents might ask to look at your birth certificate, travel information, and passport-style photograph.
Contact an Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
If you are in the United States on a tourist visa, you may be able to apply for asylum if you meet the eligibility criteria. You would need to show that you requested asylum within one year of arriving in the United States and that you cannot leave because you are afraid of being persecuted in your country of origin. If you apply for asylum, you may lose your tourist visa, so keep this in mind when deciding what to do.
Getachew & Ansari Immigration Attorneys, P.C., has helped many people with tourist visas request to be lawful permanent residents in the United States under the asylum laws. Medya Ansari is a first-generation immigrant from Iran, and her family was a victim of family separation, which helped inspire her to devote her resources to providing legal support to other immigrants.
If you are wondering if you can apply for asylum on your tourist visa, give us a call at 408-292-7995. We welcome the chance to talk to you about your situation and how we can help.
