Asylum & Protection in the United States

Seeking asylum is one of the most powerful protections in U.S. immigration law. It is designed for people who fear persecution, violence, or harm in their home country and cannot safely return. For many, asylum is not just a legal application, it is a matter of life and death.

With more than 24 years of exclusive experience in immigration law, I have handled countless asylum cases before USCIS, the Immigration Courts, the Board of Immigration Appeals (BIA), and the U.S. Circuit Courts of Appeals. My clients come from every part of the world, and I take each case personally. I understand the fear, trauma, and uncertainty that come with fleeing a dangerous situation, and I work tirelessly to protect my clients and give them a safe future.

Go to https://www.uscis.gov/forms/forms for forms and instructions.

What Is Asylum?

Asylum is a legal protection that allows individuals who are in the United States to remain here if they can show:

They fear persecution in their home country because of:

• Their religion
• Their political opinion
• Their race or ethnicity
• Their nationality
• Their membership in a particular social group

Persecution can include threats, violence, imprisonment, torture, discrimination, or repeated harm by governments or groups the government cannot or will not control.

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If granted asylum, you receive:

• Permission to remain in the U.S.
• Authorization to work
• The ability to apply for a green card after one year
• A path to citizenship
• Protection from being returned to danger

Who Can Apply for Asylum?

You may apply for asylum if:

• You are physically present in the United States, regardless of how you entered
• You apply within one year of arriving in the U.S. (exceptions do exist)
• You fear returning to your home country because of persecution
• You have not committed certain serious crimes

Even those who overstayed a visa, entered unlawfully, or were caught at the border may qualify under certain conditions.

Two Ways to Apply for Asylum

Affirmative Asylum (Through USCIS)

This is when you apply directly with USCIS before being placed in immigration court. You attend an interview with an asylum officer. If the officer cannot approve the case, your case is usually referred to immigration court for a second chance.

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Defensive Asylum (In Immigration Court)

This occurs after:

• Your affirmative asylum case is referred to court, OR
• You are arrested or placed in removal proceedings by ICE or CBP

In defensive asylum, you present your case before an immigration judge in a full hearing.

I represent clients in both types of cases, from the initial application to appeals.

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Remember, regardless of how you apply for asylum, there is now a yearly filing fee associated with your asylum application. If you do not pay this fee, your application will be rejected or terminated without you having an opportunity to attempt to prove your eligibility.

If you are filing with USCIS, go to the following page to calculate the fee: https://www.uscis.gov/feecalculator

If your application is pending before the Immigration Court, go to the following page to make the fee payment: https://epay.eoir.justice.gov/index

PLEASE NOTE: Paying the fee alone is not enough. You must file proof of payment with the Immigration Court.

What You Need to Prove

To win asylum, you must show:

• A genuine fear of returning
• A connection between the harm and one of the protected grounds
• That the government in your country cannot or will not protect you
• Consistent, credible testimony
• Supporting documents (when available)

Asylum law is complex and changes frequently. Having an experienced attorney dramatically increases your chances of success.

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Supporting Documents for Asylum Cases

Not everyone has documents, and that is okay. Many people flee with nothing. But when available, evidence may include:

• Identity documents (passport, birth certificate)
• Police reports
• Medical reports
• Threatening messages
• Photos or videos
• Witness statements
• Political membership cards
• News articles or human rights reports
• Country-conditions research

I help clients gather the right evidence and present it clearly and legally.

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Common Pitfalls & Dangers

Asylum is one of the most complicated areas of immigration law. Mistakes can lead to:

Denial of the Case

Because of inconsistencies, missing evidence, or incorrect legal arguments.

Being Placed in Removal (Deportation) Proceedings

If USCIS cannot approve your affirmative case, it may be sent to court.

If USCIS has denied your asylum application, go to: https://acis.eoir.justice.gov/en/caseInformation/

Accusations of Fraud

Especially if the story is incomplete, poorly prepared, or prepared by unlicensed immigration consultants.

Missing the One-Year Filing Deadline

Unless exceptions apply, this can make someone ineligible.

Criminal or Prior Immigration Issues

Certain issues require expert legal handling before applying.

My job is to protect clients from these risks long before their interview or hearing.

The Asylum Process

1. Consultation & Detailed Story Review

   I listen carefully to your story, what happened, why you fled, and what you fear.

2. Preparation of Forms & Supporting Evidence

   We build a thorough, well-documented application.

3. Country Conditions & Legal Research

   I prepare strong arguments demonstrating why you qualify under U.S. law.

4. Interview or Court Preparation

   I spend extensive time preparing clients for:

   • Their testimony
   • Questions asked by asylum officers
   • Cross-examination in court
5. Interview with USCIS or Hearing in Court

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6. Decision

   If approved, you become an asylee and may apply for a green card after one year.

7. Appeals (If Needed)

   If your case is denied by USCIS then you would be referred to the Immigration Court and will be placed in removal proceedings. However, if the Immigration Judge denies your claim for asylum, I can file appeals with:

   • The BIA

   Over the years, I have successfully appealed numerous cases and reversed wrongful decisions.

How I Can Help You

With decades of experience in asylum law, I provide:

• Careful analysis of your eligibility
• A safe, private, judgment-free environment to tell your story
• Strong preparation to avoid inconsistencies
• High-quality evidence organization
• Representation at every stage: USCIS, Immigration Court, BIA, and federal courts
• Honest advice and realistic expectations
• A commitment to protecting your safety and your future

I understand asylum not only as an attorney but as someone who survived his own immigration journey. I know what it means to fear returning home, and what it means to finally feel safe.

You Are Not Alone

If you fear returning to your home country, you do not have to face this process alone. There are options. There is hope. And there are legal protections available.

I am here to help you build a strong asylum case and fight for the safety and future you deserve.