Can I work while my asylum case is pending?

You may apply for employment authorization after your application has been pending for a required waiting period set by regulation. Once granted, the work permit lets you work for any employer while your case is decided. We track the earliest eligible date and file for you.

What is a 'particular social group'?

It is one of the five protected grounds and the most complex. A particular social group is defined by a shared characteristic that is immutable or fundamental to identity, is socially distinct, and is defined with particularity. Family, certain survivors of gender-based violence, and others may qualify depending on the facts and current case law.

Can my family be included?

Your spouse and unmarried children under 21 who are in the U.S. can often be included as derivatives on your application. After you are granted asylum, you can also petition to bring eligible family members who are abroad. We address family relief as part of your overall strategy.

What happens if asylum is denied?

If USCIS does not grant an affirmative case and you have no other status, it is typically referred to immigration court, where you can renew the claim before a judge. If a judge denies it, appeals may be available. Because outcomes vary, careful preparation from the start is essential.

Is asylum the same as refugee status?

They share the same legal standard but differ in where you apply. Refugee status is sought from outside the United States, while asylum is requested by someone already here or arriving at the border. We focus on asylum and related humanitarian relief for people already in the U.S.

Asylum — U.S. Immigration Lawyers

What Is Asylum?

Asylum is a form of protection for people who are already in the United States or arriving at its border and who cannot return to their home country because they fear persecution. A grant of asylum lets you remain in the U.S. lawfully, work, travel with permission, petition for certain family members, and apply for a green card after one year.

To qualify, you must show that you are unable or unwilling to return because of past persecution or a well-founded fear of future persecution on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The harm must be inflicted by the government or by a group the government cannot or will not control.

What Asylum Provides

Lawful permission to remain in the United States.
Employment authorization to work for any employer.
Eligibility to apply for a green card one year after the grant.
The ability to petition for a spouse and unmarried children under 21.
Permission to apply for a refugee travel document.
Access to certain benefits and services for refugees and asylees.

Affirmative vs. Defensive Asylum

There are two ways an asylum claim is decided. An affirmative application is filed with USCIS by someone who is not in removal proceedings; you submit Form I-589 and attend a non-adversarial interview with an asylum officer. A defensive application is raised as a defense to removal before an immigration judge at the Executive Office for Immigration Review (EOIR).

Many cases begin affirmatively and, if not granted by USCIS, are referred to immigration court where they continue defensively. The evidence and legal standard are the same, but the setting and procedure differ. We prepare every case to withstand the more demanding courtroom standard from the outset.

Asylum Eligibility

An asylum claim is built around the following elements. We help you establish each with credible testimony and corroboration.

Persecution
You suffered past persecution or have a well-founded fear of future persecution — harm serious enough to rise above mere harassment or discrimination.
Protected Ground
The persecution is on account of your race, religion, nationality, political opinion, or membership in a particular social group.
Government Involvement
The harm is committed by the government, or by a person or group the government is unable or unwilling to control.
One-Year Filing
You generally apply within one year of your last arrival, unless changed or extraordinary circumstances excuse a later filing.
No Bars to Relief
You are not subject to bars such as firm resettlement in a third country, certain criminal conduct, or persecuting others.

The Asylum Process

Timelines vary widely by office and court, but most affirmative cases follow these stages.

Step 01

Case Assessment

We evaluate your fear, the protected ground, the one-year deadline, and any bars, then build a strategy for the strongest possible filing.

Step 02

Form I-589 & Declaration

We prepare your application and a detailed personal declaration, supported by country-conditions evidence, medical or psychological records, and witness statements.

Step 03

Biometrics & Interview / Hearing

You attend a biometrics appointment and then either an interview with a USCIS asylum officer or a merits hearing before an immigration judge. We prepare you thoroughly for testimony.

Step 04

Decision & Next Steps

If granted, you receive asylee status and can later apply for a green card. If not granted affirmatively, we continue the case in immigration court.

Evidence That Strengthens an Asylum Case

Strong corroboration matters. The set below is typical, though every claim is unique.

Personal Evidence

Detailed personal declaration
Identity and nationality documents
Proof of date of entry (for the one-year rule)
Medical or psychological evaluations of harm

Corroborating Evidence

Police reports, threats, or court records
Photographs and documentary proof of harm
Witness or expert declarations
Membership or political-activity records

Country Conditions

U.S. State Department and NGO human-rights reports
News articles on conditions for people like you
Expert reports on the relevant social group

Frequently Asked Questions

You generally must apply for asylum within one year of your most recent arrival in the United States. There are exceptions for changed circumstances that affect your eligibility or extraordinary circumstances that prevented a timely filing, but they are interpreted narrowly. Filing promptly is always the safest course.