Experienced Asylum & Immigration Attorneys

In the United States, asylum is a form of protection that allows individuals to remain in the country and avoid deportation. It is granted to non-U.S. citizens who cannot return to their home countries due to persecution or a well-founded fear of persecution based on religion, political opinion, race, nationality, or membership in a particular social group.

Asylum seekers differ from refugees: a refugee is someone who has been resettled in the U.S. through a formal resettlement program, while an asylee is an individual who flees their home country due to persecution or fear of persecution and seeks protection upon arrival in the U.S.

To qualify as an asylee or to aply for aslyum, an individual must be phsically present in the united states or seeking entry at any port of entry. In adition, an aslyum seeker must demnstrate that he or she is facing persection or is likly to face persecution upton retun to their home country. Persection can be harm or threats to the individual, their family members or people similar to them eg people of the same social group. Thus a person can be granted asylum if they have in the past seffered persecution in their home country. To win an asylum, you will need to prove that you were harmed or you may be harmed if you return to your home country becase of your race, religion, nationality, political opinion or membership in a particular social group.

To qualify for asylum or be recognized as an asylee, an individual must be physically present in the United States or seeking entry at a U.S. port of entry. Additionally, they must demonstrate a well-founded fear of persecution or a likelihood of facing persecution if they return to their home country. Persecution can take the form of harm or threats directed at the individual, their family members, or others who share similar characteristics, such as belonging to the same social group. A person may be granted asylum if they have previously suffered persecution in their home country.

To successfully obtain asylum, you must provide evidence that you have been harmed in the past or are at risk of harm if you return due to your race, religion, nationality, political opinion, or membership in a particular social group.

The foundation of U.S. asylum law stems from international agreements established after World War II to protect individuals fleeing persecution. In 1951, the United Nations introduced the Convention Relating to the Status of Refugees, the first global effort to define who qualifies as a refugee and set international standards for their protection.

Initially, the 1951 Convention focused on refugees displaced by World War II. However, in 1967, the U.N. Protocol Relating to the Status of Refugees expanded these protections to cover future refugees, regardless of when or where their persecution occurred. The United States later incorporated these principles into its own asylum laws, shaping the legal framework that governs asylum seekers today. U.S. asylum law has undergone significant evolution, transitioning from case-by-case responses to a structured legal framework. The pivotal moment came with the Refugee Act of 1980, which formalized the asylum system and aligned it with international standards by adopting the U.N.'s definition of a refugee. This legislation created a uniform process for granting asylum, ensuring protections for individuals fleeing persecution.

Below are some of the key milestones and legal developments in the US. Asylum laws.

Key Milestones and Policies in U.S. Asylum Law

• 1951 Refugee Convention – Established the first internationally recognized definition of refugees.
• Refugee Act of 1980 – Created a standardized legal framework for asylum in the U.S.
• Matter of Toboso-Alfonso (1994) – Recognized LGBTQ+ individuals as a protected social group for asylum.
• Flores v. Reno (1997) – Set legal standards for the treatment of immigrant children in detention.

Key Asylum Policies and Considerations

• Backlog Crisis – Over 3.6 million pending asylum cases are causing long wait times.
• Credible Fear Requirement – Applicants must prove a real risk of persecution due to race, religion, nationality, political opinion, or social group.
• Employment Authorization – Asylum seekers can apply for work permits after 180 days.
• Safe Third Country Agreements – Some asylum seekers are required to apply for protection in another country first.
• Trump-Era Restrictions – Policies aimed at limiting asylum, including the zero-tolerance family separation policy and criminalization of entry.
• Title 42 – Used COVID-19 as a pretext to deny asylum claims at the border.

Who Qualifies for Asylum?

To be eligible for asylum in the United States, an individual must meet the following criteria:

• Physical Presence – The applicant must be physically present in the U.S. or seeking entry at a port of entry.
• Well-Founded Fear of Persecution – The applicant must demonstrate a credible fear of persecution in their home country.
• Protected Grounds – Persecution must be based on race, religion, nationality, political opinion, or membership in a particular social group.

Once granted asylum, an individual receives legal protection and the right to remain in the U.S. Additionally, those at risk of torture upon return to their home country may seek relief under the Convention Against Torture (CAT).

Types of Asylum in the U.S.

The U.S. government grants asylum through two main processes: Affirmative Asylum and Defensive Asylum. The appropriate process depends on the applicant’s immigration status.

1. Affirmative Asylum

• Available to individuals not in removal proceedings.
• Can be applied for regardless of how the person entered the U.S.
• Must be filed within one year of arrival unless exceptional circumstances prevented timely filing.
• Requires submission of Form I-589 (Application for Asylum and for Withholding of Removal) to U.S. Citizenship and Immigration Services (USCIS).

2. Defensive Asylum

• Available to individuals already in removal proceedings.
• Filed as a defense against deportation.
• Requires submission of an application to the Immigration Judge at the Executive Office for Immigration Review (EOIR).

U.S. Asylum Process & Timeline

To apply for asylum in the U.S., an individual must be physically present in the country and submit Form I-589 within one year of their last arrival, unless an exception applies. The process involves biometric screening, an asylum interview, and awaiting a decision from USCIS.

Steps in the Asylum Application Process

1. Filing Form I-589

• The first step is to submit Form I-589 (Application for Asylum and for Withholding of Removal).
• Seeking legal assistance is highly recommended, as errors may result in denial or deportation.
• At Western Law Firm, our experienced attorneys can guide you through the asylum process. [Schedule a consultation today].

2. Biometric Appointment

• After filing Form I-589, USCIS will schedule a biometric appointment.
• Applicants must provide fingerprints, photographs, and other biometric data.

3. Asylum Interview

• USCIS schedules an asylum interview with an asylum officer to assess whether the applicant has credible fear of persecution or has previously suffered persecution.
• Western Law Firm provides legal support throughout the process, ensuring you are well-prepared for the interview.

4. Waiting for a Decision

• After the interview, applicants await USCIS’s decision on their case.
• While waiting, asylum seekers may apply for a work permit (Form I-765) if their application has been pending for over 150 days.

Timeline & Potential Delays

• USCIS aims to process asylum cases within 180 days of submission.
• Due to a large backlog of cases, processing times often extend beyond the initial timeframe.

Work Permit & Path to Citizenship

• After one year of holding asylum status, individuals may apply for permanent residency (green card).
• After five years as a permanent resident, they may become eligible to apply for U.S. citizenship.

How to Apply for Asylum in the U.S.

To seek asylum in the United States, an individual must file an Application for Asylum and for Withholding of Removal (Form I-589) within one year of arrival in the U.S. Below is a checklist of the key requirements for a successful application.

1. Submit Form I-589

• Complete Form I-589 and submit it to the U.S. Citizenship and Immigration Services (USCIS) within the required one-year timeframe.
• Failure to apply within a year may result in ineligibility unless exceptional circumstances can be proven.

2. Required Documentation

To support the application, include:

• A copy of your passport and birth certificate for identification.
• Evidence of persecution, which may include:
• Medical records documenting injuries caused by persecution.
• Police reports detailing threats or attacks.
• Witness statements from people familiar with your situation.
• Any additional supporting documents that substantiate your fear of persecution.

3. Personal Statement & Explanation

• Provide a detailed written statement explaining why you fear persecution if returned to your home country.
• Clearly outline the basis for your claim under one or more of the protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.

A well-prepared application, supported by strong evidence, increases the chances of a successful asylum claim. The asylum process can be complex and overwhelming, but you don’t have to navigate it alone.

Our experienced immigration attorneys are here to guide you every step of the way.

Contact Western Law Firm today for a consultation and let us help you secure your future in the U.S.

Rights of Asylees

Asylees in the United States are granted important legal protections, including the right to live and work in the country, a path to permanent residency, and eventually, citizenship. These key rights include:

• Protection from Deportation: Asylees are safeguarded from being deported back to a country where they may face persecution.
• Work Authorization: Asylees can apply for work authorization, allowing them to work legally in the U.S.
• Social Security Card: Upon approval, asylees can obtain a Social Security number for tax and identification purposes.
• Travel Permission: Asylees may request permission to travel abroad and re-enter the U.S. without jeopardizing their asylum status.
• Family Reunification: Asylees can petition to bring their spouse and children to the United States.
• Access to Government Programs: Asylees may qualify for certain government assistance programs, such as Medicaid or refugee medical assistance.

After one year, asylees can apply for lawful permanent residency (a green card). Once they obtain permanent residency, they may apply for U.S. citizenship.

At Western Law Firm, our experienced attorneys are here to guide you through the asylum process and support you every step of the way. Contact us today for expert legal counsel and start your journey to a secure future in the United States!

Available Support for Asylum Seekers

Asylum seekers in the United States have access to various forms of support, including government benefits, counseling services, and legal assistance to help them navigate their new lives.

Government Benefits

Asylum seekers may qualify for essential public assistance programs, including:

• Food Assistance: Access to food stamps through the Supplemental Nutrition Assistance Program (SNAP).
• Health Insurance: Eligibility for Medicaid or Refugee Medical Assistance (RMA).
• Financial Aid: Some may receive cash assistance through state and federal programs.

Counseling Services

• Mental Health Support: Access to therapy and counseling services to cope with trauma and the challenges of resettlement.
• Emotional Support Programs: Community organizations and refugee support groups provide emotional and psychological assistance.

Guidance & Legal Assistance

• Application Support: Legal professionals help asylum seekers complete applications and meet deadlines.
• Understanding Rights & Responsibilities: Assistance in learning U.S. asylum laws, employment rights, and long-term immigration options.

Why You Need Legal Services for Asylum Seekers

Filing for asylum in the U.S. can be a complex and challenging process. Seeking legal assistance from a qualified immigration attorney significantly improves your chances of success. Here’s why professional legal support is essential:

1. Expert Guidance Through a Complex Process

The U.S. asylum system has strict legal requirements and deadlines. Our experienced attorneys will help you navigate the process, ensuring you understand your rights and obligations.

2. Ensuring Full Compliance

Mistakes in your application can result in delays or denials. Our legal team ensures that your submission is complete, accurate, and fully compliant with immigration laws—eliminating any risk of errors.

3. Simplifying Legal Terminology

Immigration laws can be difficult to understand. At Western Law Firm, we break down complex legal jargon and guide you through every step, making the process clear and stress-free.

4. Protecting Your Rights & Interests

Having legal representation ensures you receive fair treatment and due process. Our attorneys proactively address potential legal challenges that may arise, safeguarding your asylum application.

5. Maximizing Your Chances of Success

With our legal expertise, we help you:

• Build a strong case with well-documented evidence
• Prepare a compelling personal statement
• Appeal unfavorable decisions if necessary

Our Legal Services for Asylum Seekers

At Western Law Firm, we provide:

• Legal consultations and expert advice
• Full representation before USCIS and immigration courts
• Assistance with completing Form I-589 and drafting your asylum story
• Advocacy and awareness support

Our Legal Services for Asylum Seekers

At Western Law Firm, we provide:

• Legal consultations and expert advice
• Full representation before USCIS and immigration courts
• Assistance with completing Form I-589 and drafting your asylum story
• Advocacy and awareness support

Asylum, Refugees & Deportation Defense

Understanding the differences between asylum seekers and refugees, as well as knowing your legal options for removal defense, is crucial for anyone facing immigration challenges in the U.S.

Difference Between Asylum Seekers and Refugees

• Asylum Seeker: An individual who has arrived in the U.S. and is applying for protection due to persecution in their home country.
• Refugee: A person who has been forced to flee their home country due to persecution, war, or humanitarian crises and has been granted refugee status before entering the U.S.

Strategies for Deportation Defense

If you are facing removal (deportation), you may be eligible for legal relief, including:

• Asylum or Withholding of Removal – Seeking protection based on fear of persecution
• Convention Against Torture (CAT) Protection – If returning to your home country would result in torture
• Cancellation of Removal – Available for certain long-term residents
• Adjustment of Status – Changing your immigration status to avoid deportation

How We Can Help

At Western Law Firm, our experienced immigration attorneys are dedicated to protecting your rights. We provide:

• Personalized legal consultations
• Strong defense strategies to fight deportation
• Representation in immigration court
• Assistance with asylum applications and appeals

Your future in the U.S. is at stake—don’t face deportation alone! Contact us today for expert legal support and take the first step toward securing your protection and stability.