Asylum & Refugee Status

Affirmative vs. Defensive Asylum

Which type of asylum applies to you depends on your current situation in the U.S. Both require a strong, well-documented application — and both paths are ones we navigate every day.

Affirmative Asylum

For those not in removal proceedings · Filed proactively with USCIS

Must file within one year of last U.S. arrival
Form I-589 filed with USCIS asylum office
Interview with asylum officer (non-adversarial)
Employment authorization after 180 days pending
Referred to Immigration Court if not approved
Green card available one year after grant

Defensive Asylum

For those in removal proceedings · Raised as a defense before an Immigration Judge

Filed as a defense against removal in Immigration Court
Full hearing before an Immigration Judge
Government attorney argues against your case
Withholding of removal & CAT also available
Appealable to the BIA and federal courts
We provide aggressive, experienced court representation

The Five Protected Grounds for Asylum

To qualify for asylum, you must demonstrate a well-founded fear of persecution based on one or more of these five protected grounds. We help you identify which applies and build the evidence to support it.

Race

Persecution based on your racial identity, ethnic background, or perceived racial group.

Religion

Persecution for your religious beliefs, practices, or affiliation — or refusal to follow a state religion.

Nationality

Persecution based on your nationality, citizenship, or membership in a particular national group.

Political Opinion

Persecution for your political views, opposition to a government, or imputed political opinion.

Particular Social Group

Persecution based on shared immutable characteristics — such as gender, family membership, or sexual orientation.

After Asylum Is Granted

Receiving asylum is not the end of the journey — it opens a path to permanent residency and eventually U.S. citizenship. We continue to support you through every stage.

Asylum Granted

Asylum Status — Protected in the U.S.

You receive asylee status. You can live and work in the United States and are protected from being returned to your home country.

Year 1

Petition for Family Members Abroad

Within two years of your grant, you may petition to bring your spouse and unmarried children under 21 to the U.S. as derivative asylees.

After 1 Year

Apply for a Green Card (I-485)

After one year of asylee status, you may apply to adjust status to lawful permanent resident. We prepare and file the entire I-485 package.

✓

After 5 Years

Apply for U.S. Citizenship

After five years of permanent residency, you may naturalize. We guide you through the N-400 application, civics test, and oath ceremony.

Critical Deadline

One-Year Filing Deadline

Asylum must generally be filed within one year of your last arrival in the United States. This is a strict rule — missing it can permanently bar you from asylum eligibility. There are limited exceptions for extraordinary circumstances or changed conditions, but they are hard to establish. If you believe you may be approaching or past the one-year mark, contact us immediately.

Act Now — Don't Wait: Even if you think you missed the deadline, exceptions exist. Changed country conditions and other extraordinary circumstances can extend the window. We have helped clients establish these exceptions — but time still matters. Call us today: (424) 245-8588.

Affirmative vs. Defensive Asylum

Affirmative Asylum

Defensive Asylum

The Five Protected Grounds for Asylum

Race

Religion

Nationality

Political Opinion

Particular Social Group

After Asylum Is Granted

Asylum Status — Protected in the U.S.

Petition for Family Members Abroad

Apply for a Green Card (I-485)

Apply for U.S. Citizenship

One-Year Filing Deadline

Other Practice Areas

We're here to help you find safety.