Asylum Lawyer – Political Asylum Attorney

Asylum is one of the most powerful forms of humanitarian protection available under U.S. immigration law. It allows individuals who have been persecuted—or who have a well-founded fear of future persecution—to remain safely in the United States, work legally, eventually obtain a green card, and ultimately become U.S. citizens. At Modern Law Group, asylum representation is our primary focus and the cornerstone of our practice. We have helped thousands of refugees from countries across the globe successfully navigate the complex asylum process and find permanent protection in the United States.

If you are qualified for asylum, our experienced immigration attorneys can file your application on your behalf and represent you through every step of the legal process. We have asylum attorney offices in San Diego, California; Brooklyn, New York; and Arlington, Texas—but we can help you no matter where you are located in the United States or around the world.

What is Asylum?

Asylum is a form of legal protection that allows individuals who are already in the United States, or who are arriving at a U.S. port of entry, to seek refuge from persecution in their home country. When the U.S. government grants you asylum, you receive official authorization to remain in the country indefinitely, protected from the dangers you faced in your homeland.

Unlike refugee status, which must be obtained from outside the United States, asylum is only available to people who are physically present in the U.S. or who are seeking admission at a port of entry. Asylum is a discretionary form of relief, meaning an immigration officer or judge has the authority to grant or deny your application based on the evidence and circumstances presented.

Once granted asylum, you receive significant benefits:

• Authorization to live and work anywhere in the United States
• Ability to apply for a Social Security card
• Eligibility for certain public benefits
• Ability to include your spouse and unmarried children under 21 in your asylum status
• Path to lawful permanent residence (green card) after one year
• Eventual path to U.S. citizenship
• Ability to travel internationally with a refugee travel document

Legal Definition: INA Section 101(a)(42)

The legal foundation for asylum in the United States comes from Section 101(a)(42) of the Immigration and Nationality Act (INA). Under this statute, a "refugee" is defined as:

This definition establishes the core requirements for asylum eligibility: you must demonstrate either past persecution or a well-founded fear of future persecution, and that persecution must be connected to one of the five protected grounds. Understanding this legal standard is essential for building a successful asylum case.

The "well-founded fear" standard has been interpreted by courts to require both a subjective component (genuine, personal fear) and an objective component (reasonable basis for that fear based on conditions in your country). Courts have held that even a 10% chance of persecution can establish a well-founded fear, making this a relatively applicant-friendly standard.

The Five Protected Grounds for Asylum

Under U.S. immigration law, persecution must be connected to at least one of five specific protected grounds. Understanding these grounds is crucial because you cannot receive asylum for persecution based on other reasons, such as general crime, natural disasters, or economic hardship.

1. Race

Persecution based on race includes harm or discrimination targeting individuals because of their racial identity, ethnicity, ancestry, or tribal affiliation. This can include ethnic cleansing, racial violence, discrimination by government authorities, or persecution by groups that the government cannot or will not control. Examples include persecution of Uyghurs in China, ethnic minorities in Myanmar, or tribal groups in various African nations.

2. Religion

Religious persecution encompasses harm inflicted because of your religious beliefs, practices, or identity—including the decision not to practice any religion. This ground covers persecution for belonging to a particular religious group, converting from one religion to another (apostasy), refusing to practice a state-imposed religion, or expressing atheist or agnostic beliefs. Christians fleeing persecution in the Middle East, Muslims facing discrimination in certain countries, and members of minority religions worldwide may qualify under this ground.

3. Nationality

Persecution based on nationality extends beyond citizenship to include ethnic groups, linguistic groups, and cultural groups within a country. This ground recognizes that individuals may be targeted because of their national origin, ethnic heritage, or membership in a group identified by common cultural or linguistic characteristics. Examples include persecution of ethnic Russians in certain former Soviet states or discrimination against indigenous populations in various countries.

4. Political Opinion

Political opinion encompasses persecution based on your actual or imputed political beliefs, activities, or affiliations. This includes opposition to government policies, membership in political parties, participation in protests or demonstrations, labor union activities, feminist advocacy, or even refusal to support government actions. Importantly, you can be persecuted for political opinions that others believe you hold, even if you don't actually hold those opinions (imputed political opinion).

5. Membership in a Particular Social Group (PSG)

The "particular social group" ground is the most complex and frequently litigated basis for asylum. A particular social group must be:

• Immutable or fundamental: The characteristic that defines the group must be one that members either cannot change or should not be required to change because it is fundamental to their identity.
• Socially distinct: The group must be perceived as a distinct group by society in the country of persecution.
• Particular: The group cannot be defined too broadly or vaguely.

Examples of recognized particular social groups include:

• LGBTQ+ individuals in countries where homosexuality is persecuted
• Women fleeing domestic violence in countries where the government fails to protect them
• Witnesses to crimes who are targeted by gangs or cartels
• Former gang members who have left the gang
• Family members of those targeted by persecutors
• Victims of female genital mutilation (FGM)
• Individuals with certain medical conditions targeted in their country

Affirmative vs. Defensive Asylum: Understanding the Two Paths

There are two distinct paths to obtaining asylum in the United States: affirmative asylum and defensive asylum. The path you take depends on your immigration status and how you came to be in asylum proceedings.

Aspect	Affirmative Asylum	Defensive Asylum
Who qualifies	Individuals in the U.S. who are not in removal proceedings	Individuals in removal proceedings before an Immigration Judge
Where to file	USCIS Service Center	Immigration Court
Decision maker	USCIS Asylum Officer (first), Immigration Judge (if referred)	Immigration Judge
Interview/hearing	Non-adversarial interview with Asylum Officer	Adversarial hearing with government attorney present
Appeal process	Referred to Immigration Court if denied	Appeal to Board of Immigration Appeals (BIA)
Typical timeline	6 months to 4+ years	1-4+ years depending on court backlog
Detention risk	Generally not detained	May be detained during proceedings
Approval rate (with attorney)	Higher approval rates	Lower but still favorable with representation

The One-Year Filing Deadline and Exceptions

One of the most critical requirements for asylum is the one-year filing deadline. Under INA §208(a)(2)(B), you must file your asylum application (Form I-589) within one year of your last arrival in the United States. This deadline applies regardless of whether you file affirmatively or defensively.

Exceptions to the One-Year Deadline

The law recognizes two categories of exceptions that may excuse a late filing:

Changed Circumstances

Material changes that affect your eligibility for asylum or ability to file, such as:

• Changes in conditions in your country (new persecution, regime change, civil war)
• Changes in U.S. law that create new grounds for your claim
• Loss of lawful immigration status if previously in valid status
• Expiration of a previous grant of Temporary Protected Status (TPS)
• Change in your personal circumstances (coming out as LGBTQ+, conversion to a new religion)

Extraordinary Circumstances

Events beyond your control that prevented timely filing, such as:

• Serious illness or mental health conditions
• Physical disability
• Legal disability (being a minor without a guardian)
• Ineffective assistance of a prior attorney
• Death or serious illness of a family member
• Being a victim of domestic violence or other severe trauma

Even with an exception, you must file within a "reasonable period" after the changed or extraordinary circumstances end. Courts generally expect filing within a few months of when the obstacle is removed.

Eligibility Requirements for Asylum

To qualify for asylum in the United States, you must meet the following requirements:

1. Physical Presence in the U.S.: You must be physically present in the United States or arriving at a port of entry to apply for asylum. You cannot apply from outside the country.
2. Timely Filing: You must file your application within one year of your last arrival in the United States, unless an exception applies.
3. Persecution or Fear of Persecution: You must demonstrate past persecution or a well-founded fear of future persecution if returned to your country.
4. Nexus to Protected Ground: The persecution must be "on account of" one of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
5. No Bars to Asylum: You must not be subject to any of the mandatory or discretionary bars that would make you ineligible for asylum (discussed below).
6. Merit Discretionary Grant: Even if you meet all requirements, asylum is discretionary. You must demonstrate that you merit a favorable exercise of discretion based on the totality of your circumstances.

Who Does NOT Qualify: Bars to Asylum

Certain individuals are barred from receiving asylum even if they otherwise qualify. These bars are taken very seriously and can result in permanent ineligibility.

Mandatory Bars (Automatic Disqualification)

• Persecution of others: You ordered, incited, assisted, or participated in the persecution of others based on a protected ground.
• Conviction of a "particularly serious crime": Aggravated felonies are automatically considered particularly serious, and other crimes may also qualify.
• Commission of a serious non-political crime outside the U.S.: Crimes committed before arriving in the United States.
• Security-related grounds: Terrorism, danger to U.S. security, or involvement in genocide, torture, or extrajudicial killings.
• Firm resettlement: You were firmly resettled in another country before arriving in the United States.
• Safe third country: You can be removed to a safe third country with which the U.S. has an agreement (currently only Canada, with limited exceptions).

Discretionary Considerations

Even if no mandatory bar applies, an adjudicator may deny asylum based on negative discretionary factors, such as:

• Criminal history (even if not a "particularly serious crime")
• Immigration violations or fraud
• Failure to file within one year without a valid exception
• Previous denial of asylum in another country
• Circumventing orderly refugee procedures

The Affirmative Asylum Process: Step by Step

If you are in the United States and not currently in removal proceedings, you will apply for affirmative asylum through U.S. Citizenship and Immigration Services (USCIS). Here is what to expect:

1. Prepare and File Form I-589: Complete the 12-page asylum application with detailed information about your persecution claim. Attach supporting evidence, declarations, and country condition documentation. There is no filing fee.
2. Receive Receipt Notice: USCIS will mail a receipt notice confirming your application was received. This establishes your filing date for the one-year deadline.
3. Biometrics Appointment: You will be scheduled for fingerprinting at a USCIS Application Support Center for background checks.
4. Wait for Interview Scheduling: Wait times vary significantly based on your asylum office location. Some offices schedule interviews within months; others may take years due to backlogs.
5. Attend Asylum Interview: You will have a non-adversarial interview with an Asylum Officer. The interview typically lasts 1-3 hours and covers your persecution claim in detail. An interpreter will be provided if needed.
6. Receive Decision: Decisions are typically mailed within 2-4 weeks after the interview. The officer may: (a) Grant asylum, (b) Refer you to Immigration Court, or (c) Issue a Notice of Intent to Deny (for those in valid status).
7. If Referred to Court: If your case is referred, you will appear before an Immigration Judge who will review your case de novo (from the beginning). This is essentially a "second chance" to present your case.

The Defensive Asylum Process: Immigration Court

Defensive asylum applies when you are in removal proceedings before an Immigration Judge. This typically occurs when you:

• Were apprehended at or near the border without proper documentation
• Were referred to court after an affirmative asylum interview
• Were placed in removal proceedings after your visa expired or for other immigration violations
• Failed a credible fear or reasonable fear interview and requested review

The Defensive Asylum Timeline

1. Master Calendar Hearing: Initial court appearance where you state your claims and the judge sets future dates. You must submit Form I-589 if you haven't already.
2. Case Preparation: Gather evidence, obtain country condition reports, prepare your declaration, and identify any witnesses.
3. Individual Merits Hearing: The full trial on your asylum claim. You will testify under oath, be cross-examined by the government attorney (ICE Trial Attorney), and present evidence and witnesses.
4. Judge's Decision: The judge may rule immediately from the bench or issue a written decision later. The judge can grant asylum, grant withholding of removal, grant CAT protection, or deny all relief.
5. Appeals: Either party may appeal to the Board of Immigration Appeals (BIA) within 30 days. Further appeals to federal circuit courts are possible.

Asylum Interview Preparation

The asylum interview is one of the most important steps in the affirmative asylum process. Proper preparation is essential for a successful outcome.

What to Expect at the Interview

• The interview will be conducted by a USCIS Asylum Officer trained in asylum law and country conditions
• An interpreter will be provided in your native language if needed
• You may bring your attorney, who can make a statement and clarify questions
• The interview typically lasts 1-3 hours, though complex cases may take longer
• You will be placed under oath and all statements are on the record

How to Prepare

• Know your application: Review your I-589 and declaration thoroughly. Be prepared to explain any inconsistencies or gaps.
• Organize your story chronologically: Be able to describe events in order with approximate dates.
• Prepare for difficult questions: The officer may ask about traumatic experiences in detail. Practice discussing these topics beforehand.
• Review country conditions: Understand the current situation in your home country related to your claim.
• Bring all documents: Original documents with translations, additional evidence gathered since filing, and identification.
• Rest before the interview: Get adequate sleep and arrive early to reduce stress.

Common Interview Questions

• Why are you afraid to return to your country?
• Who harmed you or threatened you? What is their relationship to the government?
• When did these events occur? Describe them in detail.
• Did you report the incidents to police? If not, why not?
• Why can't you relocate within your country?
• What do you think will happen if you return?
• Why did you come to the United States specifically?
• Have you ever been involved in any crimes or military/police activities?

Evidence Requirements for a Strong Asylum Case

Building a strong asylum case requires comprehensive documentation. While your own testimony can be sufficient in some cases, corroborating evidence significantly strengthens your claim.

Personal Statement (Declaration)

Your written declaration is the foundation of your case. It should:

• Describe your persecution or fear in detailed, chronological narrative
• Explain who persecuted you and their connection to the government (or why the government can't protect you)
• Connect your persecution to one of the five protected grounds
• Explain why you cannot safely relocate within your country
• Include dates, locations, names, and specific details
• Be written in the first person and signed under penalty of perjury

Country Condition Documentation

• U.S. State Department Human Rights Reports
• Amnesty International and Human Rights Watch reports
• News articles from reputable sources
• Expert witness declarations from country condition experts
• Reports from the United Nations and international organizations
• Documentation specific to your persecuted group

Corroborating Evidence

• Medical or psychological evaluations documenting injuries or trauma
• Police reports, court documents, or arrest records
• Photographs of injuries or threatening messages
• Affidavits from witnesses, family members, or others with knowledge of your persecution
• Membership cards, publications, or evidence of political/religious activities
• Threatening letters, messages, or communications from persecutors
• Identity documents (passport, national ID, birth certificate)

Work Authorization (EAD) for Asylum Seekers

As an asylum applicant, you are eligible to apply for an Employment Authorization Document (EAD) to work legally in the United States while your case is pending.

Timeline and Process

• Waiting Period: You must wait until 150 days have passed from when your asylum application was filed (or the "asylum clock" began) before you can apply for an EAD.
• Filing: File Form I-765 (Application for Employment Authorization) with the category code (c)(8). There is no filing fee for initial asylum-based EADs.
• Processing: USCIS must adjudicate your EAD application within 30 days of the 180-day mark. If approved, you'll receive a work permit valid for up to two years.
• Renewal: You can renew your EAD for as long as your asylum case remains pending. File renewal applications 120-150 days before expiration.

Travel While Your Asylum Application is Pending

Traveling outside the United States while your asylum case is pending is risky and requires careful planning.

Advance Parole

To travel abroad and return while your asylum application is pending, you must obtain Advance Parole by filing Form I-131 before you leave. However:

• Returning to your home country can destroy your case: If you voluntarily return to the country you claim to be fleeing, it may be used as evidence that your fear of persecution is not genuine.
• Travel is not recommended: In general, asylum applicants should avoid international travel until their case is decided or they have obtained a green card.
• Emergency travel: In genuine emergencies (death of immediate family member, for example), discuss options with your attorney before traveling.

Family Members and Derivative Asylum

When you apply for asylum, you can include certain family members as derivatives on your application. They receive asylum status through your case without needing to prove their own persecution claim.

Who Can Be Included

• Spouse: Your legal husband or wife (must be legally married before asylum is granted)
• Unmarried children under 21: Your biological or legally adopted children who are unmarried and under 21 at the time of filing

Adding Family Members

• At the time of filing: List all family members on your I-589 application
• After filing but before approval: You can add a spouse or child if the marriage or birth occurs before your asylum is granted
• After approval: File Form I-730 (Refugee/Asylee Relative Petition) within two years of your asylum grant to bring qualifying family members to the U.S.

Children Who "Age Out"

Under the Child Status Protection Act, a child's age may be "frozen" for purposes of derivative asylum eligibility if the application was filed while they were under 21 and they remain unmarried.

Path to Green Card (Lawful Permanent Residence)

Asylum is not a permanent immigration status, but it provides a clear path to a green card. One year after being granted asylum, you are required by law to apply to adjust your status to lawful permanent resident (green card holder).

Asylee Adjustment of Status Process

1. Wait One Year: You must have been physically present in the U.S. for at least one year after your asylum grant before you can apply.
2. File Form I-485: Submit the Application to Register Permanent Residence along with supporting documents, medical examination (Form I-693), and photographs.
3. Biometrics Appointment: Attend a fingerprinting appointment for background checks.
4. Interview (if required): Some applicants are scheduled for an interview; others are approved without one.
5. Receive Green Card: Once approved, you become a lawful permanent resident with all associated rights and privileges.

Path to U.S. Citizenship (Naturalization)

After becoming a lawful permanent resident through asylee adjustment of status, you can eventually apply for U.S. citizenship through naturalization.

Citizenship Requirements for Former Asylees

• Time as Green Card Holder: Generally 5 years as a permanent resident (3 years if married to a U.S. citizen and living together)
• Physical Presence: At least 30 months physically present in the U.S. during the 5-year period
• Continuous Residence: No trips outside the U.S. longer than 6 months that would break continuous residence
• Good Moral Character: Demonstrated good moral character during the statutory period
• English and Civics: Ability to read, write, and speak basic English; pass a U.S. civics test
• Oath of Allegiance: Willingness to take the Oath of Allegiance to the United States

Withholding of Removal: An Alternative Form of Protection

Withholding of Removal under INA §241(b)(3) is an alternative form of protection for individuals who cannot obtain asylum (for example, due to missing the one-year deadline) but can prove a high likelihood of persecution.

Key Differences from Asylum

Feature	Asylum	Withholding of Removal
Standard of Proof	"Well-founded fear" (10% chance)	"More likely than not" (51%+ chance)
One-Year Deadline	Yes (with exceptions)	No deadline
Path to Green Card	Yes, after 1 year	No direct path
Derivative Benefits	Yes, spouse and children	No derivative status
Travel	Can travel with Refugee Travel Document	Cannot travel internationally
Discretionary	Yes, can be denied as matter of discretion	Mandatory if standard is met

Convention Against Torture (CAT) Protection

Protection under the Convention Against Torture is available to individuals who can prove they would "more likely than not" be tortured by or with the acquiescence of the government if returned to their country. CAT protection does not require a nexus to a protected ground.

Two Forms of CAT Protection

• CAT Withholding of Removal: You cannot be removed to the country where you would be tortured. This is similar to withholding of removal under INA §241(b)(3).
• Deferral of Removal under CAT: Available even to individuals who are barred from withholding of removal (such as those convicted of particularly serious crimes). However, this protection can be terminated if conditions change.

What Constitutes "Torture"

Under CAT, torture means severe pain or suffering (physical or mental) intentionally inflicted for purposes such as:

• Obtaining information or a confession
• Punishment
• Intimidation or coercion
• Discrimination

The torture must be inflicted by or with the acquiescence of a public official or person acting in an official capacity.

Why Choose Modern Law Group for Your Asylum Case?

What Sets Us Apart

• Specialization in Asylum: Unlike general practice firms, asylum is our primary focus. We handle hundreds of asylum cases each year and stay current on rapidly evolving asylum law.
• Multilingual Team: We serve clients in English, Russian, Spanish, and other languages, ensuring clear communication throughout your case.
• Thorough Case Preparation: We develop each case meticulously, gathering extensive country condition evidence, preparing detailed declarations, and preparing you thoroughly for your interview or hearing.
• Responsive Communication: We understand the stress of the asylum process. Our team responds promptly to your questions and keeps you informed of developments in your case.
• Nationwide Representation: With offices in San Diego, Brooklyn, and Arlington (Texas), we can represent you regardless of where in the United States you are located.
• Compassionate Approach: We understand the trauma our clients have experienced. Our team treats every client with dignity, respect, and compassion.

Our Asylum Services Include

• Comprehensive case evaluation and strategy development
• Preparation and filing of Form I-589 and all supporting documents
• Development of detailed personal declarations
• Gathering and presenting country condition evidence
• Full preparation for asylum interviews and court hearings
• Representation at USCIS interviews and Immigration Court hearings
• Work authorization (EAD) applications
• Derivative applications for family members
• Appeals to the Board of Immigration Appeals and federal courts
• Adjustment of status to permanent residence after asylum grant

Frequently Asked Questions About Asylum