Legal Question in Immigration Law in California

Re: Obtaining Permanent Residency as Political Asylum Applicants

First of all, your family has employment authorization cards (work permits) issued since you are political asylum applicants. Those are NOT visas (the (c)(8) refers to a particular section of law). As your asylum applications still have not been adjudicated by the INS, you can continue to renew your work permits.

Your situation is tricky. On the one hand, only rarely are Filipinos granted asylum by the INS since the country is democratic. I don't know off the top-of-my-head what the political situation was in the Philippines twelve to fifteen years ago was, but chances for winning an asylum case are not so good. Maybe if your family was persecuted by the government as political opponents or by the rebels in the remote provinces at that time. Even if you were, the threats are now non-existent or minimal, so your asylum appication will be denied. You'll be put into removal proceedings (deportation) in front of an immigration judge.

On the other hand, if your asylum application is "lost" in the system by the INS and they don't get around to it, you'll continue to renew your work permit. That might help your status as an alien authorized to be here as you go through school. Either way, your situation is very hard. Your parents should have, during the past twelve years, explored other alternatives to being here legally such as having a close relative petitioning for them, or being offered a job.

Good luck and you may contact my office to explore options.

Liem Doan, Esq.

Re: Obtaining Permanent Residency as Political Asylum Applicants

You do not have a visa but a work permit through a C08 category (asylum pending). The work permit alone will not allow you to obtain loans or grants. You need to find a way to apply for legal permanent residency. It depends how old you are, your parents might be able to apply and derive status to you. Otherwise, you will have to consider your own options which are not many of obtaining legal permanent residency.