Expert Asylum Attorneys & Immigration Lawyers
Professional Asylum Legal Services
Experienced Asylum Lawyers Fighting for Your Rights
Our skilled asylum attorneys and immigration lawyers provide comprehensive legal assistance for individuals seeking protection in the United States due to persecution or fear of persecution based on:
- 1. Race
- 2. Religion
- 3. Nationality
- 4. Membership in a Particular Social Group (PSG)
- 5. Political Opinion
Types of Asylum in the U.S.
Affirmative Asylum
- Filed with U.S. Citizenship and Immigration Services (USCIS).
- Must be filed within one year of arrival in the U.S. (exceptions apply).
- It requires an interview with an asylum officer at a USCIS asylum office.
- If denied, the applicant is referred to the Immigration Court for removal proceedings, where they can apply for defensive asylum.
Defensive Asylum
- Raised as a defense against removal (deportation) in Immigration Court.
- Applicants must prove their eligibility before an Immigration judge.
- If denied, they may appeal to the Board of Immigration Appeals (BIA) and then to federal courts.
Eligibility for Asylum
To qualify for asylum, an applicant must demonstrate:
- 01A credible fear of persecution.
- 02That the persecution is based on one of the five protected grounds.
- 03That their government is either involved in the persecution or unable/unwilling to protect them.
- 04That they do not pose a security risk to the U.S. (e.g., no serious criminal history).
Common Grounds for Asylum Claims
- Political activists targeted by oppressive regimes.
- LGBTQ+ individuals facing persecution.
- Journalists, human rights defenders, or opposition members are persecuted for their work.
- Religious minorities face systemic discrimination or violence.
The Asylum Application Process
Step 1: Filing Form I-589
- Form I-589 (Application for Asylum and Withholding of Removal) must be submitted to USCIS or the Immigration Court.
- There is no filing fee for asylum applications.
Step 2: Biometrics & Background Check
- Fingerprints and security checks are required.
Step 3: Asylum Interview (Affirmative Process Only)
- Conducted by a trained USCIS asylum officer.
- Applicant must provide evidence, testimony, and supporting documents.
Step 4: Decision
- If approved, the applicant is granted asylum status and can later apply for a green card.
- If denied, they may be referred to Immigration Court for removal proceedings.
Benefits of Asylum
- Protection from deportation.
- Work authorization (EAD) eligibility after 150 days.
- Ability to apply for a green card (lawful permanent residency) after 1 year.
- Derivative asylum benefits for spouses and children (under 21 & unmarried).
- After 5 years, applicants are eligible to apply for U.S. citizenship.
Common Challenges & Denials
- Missed One-Year Deadline (unless an exception applies).
- Inconsistent Testimony during interviews or hearings.
- Lack of Sufficient Evidence of persecution.
- Criminal History or Security Concerns.
- Changed Country Conditions showing improved safety in the applicant's home country.
Alternative Humanitarian Protections
If asylum is denied, individuals may qualify for:
- Withholding of Removal (higher standard but no path to a green card).
- Convention Against Torture (CAT) Protection (if the applicant fears torture).
- Temporary Protected Status (TPS) (for specific countries).
- Humanitarian Parole (for emergency cases).
Asylum Backlogs & Processing Delays
- Due to high application volumes, some cases take years to process.
- The USCIS "last in, first out" policy prioritizes recent applications.
- Immigration Court cases are subject to long wait times due to case backlogs.
Recent Policy Changes & Trends
- The Biden administration has attempted to improve asylum processing but also implemented stricter border policies.
- Safe Third Country Agreements and Migrant Protection Protocols (MPP) have impacted asylum claims at the U.S.-Mexico border.
- Changes in credible fear screenings make it harder for asylum seekers at ports of entry.
Why Choose Our Asylum Attorneys & Immigration Lawyers
Our experienced asylum lawyers provide comprehensive legal representation for asylum seekers. Working with a qualified asylum attorney can significantly improve your chances of a successful application.
Legal Representation & Resources
Asylum seekers are not provided with a free attorney but can seek help from:
- Nonprofit organizations (e.g., RAICES, HIAS, Human Rights First).
- Pro bono attorneys.
- Immigration law firms specializing in asylum cases.