Asylum & humanitarian

What is asylum

Asylum is a form of legal protection available to people who are already in the United States or arriving at a US port of entry and cannot return to their home country because of a well-founded fear of persecution.

To qualify, that persecution must be based on one of five protected grounds:

• Race

• Religion

• Nationality

• Political opinion

• Membership in a particular social group

The persecution must be carried out by your government or by groups your government cannot or will not control. General danger, poverty, or crime — as real and serious as those may be — do not meet the legal standard on their own.

The one-year deadline

This is the most important fact in asylum law. You must file your asylum application within one year of arriving in the United States.

Miss that deadline and you lose your right to apply for asylum in most cases. There are exceptions — changed circumstances or extraordinary circumstances may extend the window — but those exceptions are narrow and hard to prove.

If you arrived recently, do not wait. If you arrived more than a year ago and have not yet filed, contact us immediately. There may still be options available to you.

Two ways to apply

Affirmative asylum If you are not in removal proceedings, you can proactively file Form I-589 with USCIS. A USCIS asylum officer will interview you and make a decision. If approved, you are granted asylum. If not approved, your case is referred to immigration court — where you can still make your case in front of a judge.

Defensive asylum If you are already in removal proceedings — facing deportation — you can apply for asylum as a defense against removal. Your case is heard before an immigration judge. This is a more adversarial process. The government has an attorney arguing against you. You need one arguing for you.

What we help you with

Asylum cases live or die on preparation. The written application, the supporting evidence, and the way your story is presented all matter enormously. We work with you through every stage.

Case assessment We start by understanding your full situation — what happened, when, why you left, and what you fear if returned. We give you an honest assessment of your claim before you file anything.

Application preparation Form I-589 asks detailed questions about your history, your persecution, and your fear of return. The answers need to be accurate, complete, and presented clearly. We help you get this right the first time.

Evidence gathering A strong asylum case is supported by evidence — country condition reports, medical records, police reports, witness statements, news articles, expert testimony. We know what officers and judges look for and help you build a file that supports your claim.

Interview preparation For affirmative cases, you will have an interview with a USCIS asylum officer. For defensive cases, you will testify before an immigration judge. We prepare you thoroughly for both — what to expect, how to answer, and how to present your story clearly and credibly.

Appeals If your case is denied, we can appeal to the Board of Immigration Appeals and, where appropriate, to the federal circuit courts. A denial at the first stage is not always the final word.

Other forms of humanitarian protection

Asylum is not the only option. Depending on your situation, you may qualify for other forms of protection.

Withholding of removal If you do not qualify for asylum — perhaps because of the one-year deadline or another bar — withholding of removal may still prevent you from being sent back to a country where your life or freedom would be threatened. The standard is higher than asylum, but there is no filing deadline.

Convention Against Torture (CAT) protection If you face a likelihood of torture in your home country — regardless of whether it is connected to a protected ground — CAT protection may apply. It does not lead to a green card, but it prevents removal to a dangerous situation.

Temporary Protected Status (TPS) TPS is available to nationals of certain countries that the US government has designated due to ongoing conflict, environmental disaster, or other extraordinary conditions. It provides temporary legal status and work authorization. It is not a permanent solution, but it can provide critical stability while you explore longer-term options.

Special Immigrant Juvenile Status (SIJS) For children and young people who have been abused, abandoned, or neglected, SIJS provides a path to a green card. It requires a state court finding and USCIS approval. We work with families and advocates to navigate this process carefully.

Humanitarian parole In urgent situations, the US government can grant temporary entry on humanitarian grounds even when no other visa category applies. It is discretionary and not guaranteed, but it is a genuine option in the right circumstances.

What makes a strong asylum case

Asylum officers and immigration judges hear many cases. What distinguishes a strong claim from a weak one is not just the facts — it is how those facts are documented, organized, and presented.

A strong asylum case has:

• A clear and consistent account of what happened

• Specific details — dates, places, names where possible

• Evidence that corroborates your account

• Country condition evidence showing that the persecution you faced is consistent with known patterns in your home country

• A credible explanation of why you cannot relocate within your home country

Credibility is everything in asylum cases. Inconsistencies — even small ones — can undermine an otherwise strong claim. This is why preparation matters so much.

If you have a criminal record

Certain criminal convictions can bar you from asylum entirely. These include aggravated felonies and offenses the government considers particularly serious. If you have any prior arrests or convictions — in the US or abroad — tell us at the start. We need to know in order to assess your options honestly.

Some bars to asylum do not apply to withholding of removal or CAT protection. Even if asylum is not available to you, protection may still be.

If your family is with you

If you are granted asylum, your spouse and unmarried children under 21 who are already in the US can be included in your case as derivatives — meaning they receive asylum status too without filing separately. Children and spouses who are outside the US can follow to join you after your case is approved.

The path to a green card

Asylum is not permanent status on its own — but it leads there. One year after being granted asylum, you can apply for a green card. From there, the path to citizenship follows the standard timeline for permanent residents.

It is a long road. But it is a real one.

The bottom line

Asylum law is complicated, the deadlines are strict, and the stakes could not be higher. Getting it wrong — a missed deadline, a poorly prepared application, an unprepared hearing — can result in deportation to the place you fled.

Getting it right starts with understanding your options and acting quickly. If you or someone you know needs help with an asylum claim or any form of humanitarian protection, contact us. The sooner we talk, the more we can do.