Asylum

To qualify for asylum, applicants must demonstrate:

1. Persecution or Fear — You have suffered persecution or have a well-founded fear of future persecution.

2. Protected Grounds — The persecution is based on race, religion, nationality, political opinion, or membership in a particular social group.

3. Government Involvement — The persecution is by the government or by forces the government cannot or will not control.

4. One-Year Filing Deadline — Generally, asylum applications must be filed within one year of arriving in the U.S., subject to exceptions.

5. Not Firmly Resettled — You have not firmly resettled in another country before coming to the U.S.

6. Credibility — Your testimony and supporting evidence must be credible and consistent.

Affirmative Asylum (with USCIS):

1. File Form I-589, Application for Asylum and Withholding of Removal.

2. Attend biometrics appointment.

3. Attend asylum interview with a USCIS asylum officer.

4. Receive decision — if approved, you may apply for a green card after one year.

Defensive Asylum (in Removal Proceedings):

1. Application is filed with the Immigration Court.

2. Case proceeds through master calendar and individual hearings.

3. An Immigration Judge decides your asylum claim.

4. Denials may be appealed to the Board of Immigration Appeals (BIA).

We provide comprehensive representation throughout the entire process, from initial interview to formal hearings before an Immigration Judge.

1. Protection from Return — You cannot be returned to your home country.

2. Work Authorization — You may apply for an Employment Authorization Document (EAD).

3. Green Card Eligibility — Asylees may apply for lawful permanent residence after one year.

4. Family Reunification — Spouse and children may be eligible for derivative asylum status.

5. Travel Documents — Refugee travel documents allow international travel.

6. Path to Citizenship — Asylees may apply for naturalization after meeting residency requirements.

7. Public Benefits — Access to certain public benefits and assistance programs.

The one-year filing deadline is a critical requirement for asylum seekers:

The Rule: Applications must be filed within one year of the last arrival in the United States.

Exceptions: The deadline may be waived if you can demonstrate:

• Changed circumstances that materially affect your eligibility for asylum, OR
• Extraordinary circumstances that prevented timely filing

Changed Circumstances: Changes in your home country (new government, escalated violence), changes in U.S. law, or changes in your personal circumstances that affect eligibility.

Extraordinary Circumstances: Serious illness, legal disability, ineffective counsel, or other exceptional situations.

Our attorneys can evaluate whether you qualify for an exception to the one-year filing deadline.