READY TO TAKE THE NEXT STEP?
If you fear returning to your home country, the one-year filing deadline matters critically. Contact our office immediately for asylum evaluation and filing.
Call: 212-571-6002 | WhatsApp Available | GreenCardMaker.com
Overview
U.S. asylum protects individuals who have suffered persecution or have a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Affirmative asylum is filed with USCIS by individuals not in removal proceedings; defensive asylum is filed in immigration court as a defense against deportation.
The Legal Standard
Past persecution or well-founded fear of future persecution; persecution on account of one of five protected grounds (race, religion, nationality, political opinion, particular social group); persecution by government or persons government cannot or will not control; physically present in U.S. or arrived at U.S. port of entry; filed within one year of arrival (with limited exceptions for changed/extraordinary circumstances); and no firm resettlement in third country.
Application Process
Affirmative: File Form I-589 within one year of arrival; biometrics; interview with USCIS asylum officer; decision (grant, refer to court, denial). Defensive: I-589 filed in immigration court; merits hearing before immigration judge; possible appeals to BIA and federal courts.
Required Documentation
Required: detailed personal declaration with specific persecution events; corroborating evidence (medical records, police reports, news articles, country condition reports); witness affidavits; expert reports; identity documents; and one-year filing rule compliance (or exception evidence).
Government Filing Fees
No filing fee for I-589; legal representation strongly recommended.
Processing Timeline
Asylum interviews currently 2–6+ years backlog at most asylum offices; immigration court timelines vary by court but often 3–7+ years; expedited handling possible for vulnerable applicants.
Why Choose Our Firm
We represent asylum seekers from countries facing political persecution, religious persecution, gender-based violence, LGBTQ+ persecution, and ethnic conflicts. Our practice includes Nepali, Tibetan, Bhutanese, Chinese, and South Asian community focus, with thorough country conditions documentation and trauma-informed client preparation.
