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Expert Asylum Attorneys & Immigration Lawyers

Providing Skilled Asylum Attorneys

Experienced Asylum Lawyers Committed to Protecting Your Rights

Our dedicated asylum attorneys and experienced asylum lawyers offer comprehensive legal assistance to 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
Person seeking asylum

Types of Asylum in the U.S.

Affirmative asylum process

Affirmative Asylum

  • Filed with U.S. Citizenship and Immigration Services (USCIS), often with the assistance of an experienced asylum attorney.
  • Must be filed within one year of arrival in the U.S. (exceptions apply), and an asylum lawyer can help ensure timely and accurate submission.
  • It requires an interview with an asylum officer at a USCIS asylum office, where having an asylum attorney can help strengthen your case.
  • If denied, the applicant is referred to the Immigration Court for removal proceedings, where they can apply for defensive asylum with the guidance of a skilled asylum lawyer.
Defensive asylum process

Defensive Asylum

  • Raised as a defense against removal (deportation) in Immigration Court, where an asylum attorney can provide essential legal support.
  • Applicants must prove their eligibility before an Immigration judge, and an experienced asylum lawyer can help present a strong case.
  • If denied, the applicant is referred to the immigration court for removal proceedings, where an asylum attorney can guide you through the process of applying for defensive asylum.

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.
Asylum seekers waiting

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.
Asylum seeker

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.
Asylum seekers during processing

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).
Alternative protection options

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.
Asylum processing delays

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.
Recent policy changes impact
Expert Asylum Attorneys and Immigration Lawyers

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.

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