Asylum and related protection

Asylum is available to people in the United States who cannot return to their country because they have been persecuted, or fear persecution, on account of race, religion, nationality, political opinion, or membership in a particular social group.

That last one, particular social group, is where most of the argument happens. The law on it keeps shifting, and whether a given group qualifies is a hard question.

Affirmative and defensive

If you are not in removal proceedings, you apply affirmatively to USCIS and are interviewed by an asylum officer. If the officer does not grant it and you lack another status, the case is referred to immigration court.

If you are already in proceedings, you apply defensively before an immigration judge, with a government attorney opposing you.

The one year deadline, and its exceptions

Asylum applications generally must be filed within one year of your last arrival in the United States.

The exceptions matter and are frequently missed. The deadline may not bar you if circumstances have changed materially affecting your eligibility, or if extraordinary circumstances relate to the delay.

Withholding of removal

Withholding has no filing deadline and may be available to some people who are barred from asylum. The standard of proof is higher: you must show it is more likely than not that your life or freedom would be threatened.

It also gives less. Withholding does not lead to permanent residence and does not let you petition for family. But it stops the government from sending you back to the country where you face harm, which for someone with no other options is a lot.

Convention Against Torture

CAT protection is a separate route for people who would more likely than not be tortured with the consent or acquiescence of a public official. It does not require a protected ground.

What we do

Asylum cases are built from country conditions evidence, expert declarations, medical and psychological evaluations, and your own testimony. Preparing you to testify is a substantial part of the work.