Asylum is protection for people who are already in the United States and cannot safely return home. To qualify, you generally need to show that you were harmed in the past, or that you have a real fear of being harmed in the future, and that the harm is connected to your race, your religion, your nationality, your political opinion, or your membership in a particular social group.
The one-year deadline
In most cases you must apply within one year of your last arrival in the United States. That deadline is taken seriously, but there are exceptions. Conditions in your home country may have changed. Something in your own circumstances may have changed, such as a new medical condition or a change in your immigration status. If more than a year has passed, do not assume the door is closed. Call us and let us look at the dates with you.
Two ways an asylum case is heard
- Affirmative: you apply on your own to U.S. Citizenship and Immigration Services, and an asylum officer interviews you.
- Defensive: you are already in removal proceedings, and you ask an immigration judge for asylum as a defense against being deported.
Which track you are on changes the timeline, the paperwork, and how the hearing feels. If an affirmative case is not approved, it is usually referred to an immigration judge, and the defensive process begins from there.
What actually decides these cases
Asylum cases turn on detail and consistency. Your written application, your personal statement, and what you say out loud at your interview or hearing all need to line up. Supporting evidence matters too: police reports, medical records, photographs, letters from people who saw what happened, and reports about conditions in the country you left.
This is also why it helps to have someone prepare you. Being asked to describe the worst thing that ever happened to you, through an interpreter, in front of a stranger, is genuinely hard. We go through it with you beforehand, so that the hearing is not the first time you have said it out loud.
Working while you wait
Asylum cases take a long time. You can generally apply for permission to work once your application has been pending for a set period, and delays caused by your side can pause that clock. We keep track of those dates so you are not waiting longer than the law requires.
If you or a family member is in detention
An asylum claim can still be made from detention, and there may be a bond hearing that lets you fight your case from outside. Timing matters a great deal here. Call 1-888-391-7566.
No lawyer can promise you a result, and anyone who does is not being straight with you. What we can do is prepare your case carefully, tell you honestly how it looks, and stand next to you when it is heard.