If you fear returning to your home country, U.S. law may protect you. Asylum is available to people already in the United States who have suffered persecution — or have a well-founded fear of persecution — because of race, religion, nationality, membership in a particular social group, or political opinion. INA § 208; INA § 101(a)(42)(A). Asylum is not a volume practice for me, by choice. I have worked on a few asylum cases of my own over the years and on many more with the East Bay Sanctuary Covenant in Berkeley, where I volunteered representing asylum seekers. There are few areas of immigration law I find as rewarding and meaningful as working on a genuine asylum case. I am selective about this work, and every asylum case I have filed has been approved (prior results do not guarantee a similar outcome). Few things in a case matter more than how carefully the claim is documented and presented.

One thing before anything else: if you do not have a genuine asylum claim, please do not seek me out to file one. I care deeply about asylum work and welcome anyone with a real claim rooted in real persecution or a well-founded fear of it. I have no interest in filing fake or fabricated asylum applications, and I will decline any case that, in my professional judgment, lacks a good-faith basis. I will be candid with you about the strength of your case at the consultation.

A meritless filing causes harm on three levels. It harms you: an application found knowingly frivolous makes you permanently ineligible for virtually all immigration benefits, INA § 208(d)(6); 8 C.F.R. § 208.20, it can land you in removal proceedings, and fraud findings follow you for life. It harms genuine asylum seekers: every fabricated application strengthens the argument that the system is being abused, and the policy responses that follow — stricter credibility standards, expanded bars, accelerated dockets, harsher detention — fall hardest on survivors of torture, political dissidents, religious minorities, and other people who truly need protection. And it harms the system itself, which exists because the United States committed, by treaty and by statute, to protect people fleeing persecution — a commitment that depends on the system being trusted to separate real claims from invented ones.

If your claim is genuine, I want to hear from you. If it is not, please respect the system and the people it exists to protect.

Who qualifies for asylum?

You must show that you meet the refugee definition in INA § 101(a)(42)(A): persecution, or a well-founded fear of persecution, on account of one of five protected grounds — race, religion, nationality, membership in a particular social group, or political opinion. The persecutor must be the government or a group the government is unable or unwilling to control. 8 C.F.R. § 208.13.

The “well-founded fear” standard is more forgiving than many people assume. The Supreme Court has held that a fear can be well-founded even where persecution is far from certain — a roughly one-in-ten chance can be enough. INS v. Cardoza-Fonseca, 480 U.S. 421 (1987). Applicants who establish past persecution benefit from a regulatory presumption of a well-founded fear of future persecution. 8 C.F.R. § 208.13(b)(1).

What is the one-year filing deadline?

With limited exceptions, you must file Form I-589 within one year of your last arrival in the United States. INA § 208(a)(2)(B). Late filing may be excused only for “changed circumstances” materially affecting eligibility or “extraordinary circumstances” relating to the delay. INA § 208(a)(2)(D); 8 C.F.R. § 208.4(a). If you are close to — or past — the one-year mark, get legal advice immediately: the exceptions are fact-specific and must be documented, not just asserted.

Affirmative vs. defensive asylum: which process applies to you?

  • Affirmative: If you are not in removal proceedings, you file Form I-589 with USCIS and attend a non-adversarial interview with an asylum officer.
  • Defensive: If you are in removal proceedings, you apply before an immigration judge in the Executive Office for Immigration Review (EOIR), where a government attorney can cross-examine you.

The evidence that wins both is the same: a detailed, consistent declaration; country-conditions evidence tied to your specific facts; and corroboration where it is reasonably available. Under the REAL ID Act credibility standard, the adjudicator weighs the totality of the circumstances, including consistency between your written and oral accounts. INA § 208(b)(1)(B)(iii).

Can I work while my asylum case is pending?

Not immediately. You may generally file Form I-765 for an employment authorization document once your asylum application has been pending 150 days, and USCIS may not grant it until the application has been pending 180 days — the so-called “asylum clock,” which stops for applicant-caused delays. 8 C.F.R. § 208.7. Congress also imposed new, non-waivable fees on asylum applicants in 2025, including fees affecting asylum-based work permits — see our alert on the new asylum fees under H.R. 1.

Can my spouse and children be included?

Yes. A spouse and unmarried children under 21 who are in the United States can be included on your application, and family members abroad may later follow to join through Form I-730. INA § 208(b)(3)(A).

What happens after asylum is granted?

One year after a grant of asylum, you may apply for a green card (adjustment of status) under INA § 209(b). Asylees can also apply for a refugee travel document and, eventually, U.S. citizenship. Be aware that USCIS has recently emphasized that adjustment of status is discretionary — our analysis of Policy Memorandum PM-602-0199 explains what that means in practice.

What if I am barred from asylum?

Certain applicants are barred — for example, by firm resettlement in another country, certain criminal convictions, or the one-year deadline. INA § 208(a)(2), (b)(2). Even then, two related protections may remain available: withholding of removal under INA § 241(b)(3), and protection under the Convention Against Torture. 8 C.F.R. §§ 1208.16–1208.18. The standards and benefits differ, and choosing the right strategy matters.

How I approach asylum cases

Asylum outcomes often turn less on the law than on preparation: the declaration, the corroboration, and how the claim is framed for the specific adjudicator. My practice is built on relentless brainstorming to surface the evidence a case actually needs, and on presenting it persuasively. I have worked on asylum matters in both the affirmative and defensive settings — a few cases of my own over the years, and many alongside the East Bay Sanctuary Covenant during my years volunteering there.

Frequently asked questions

How long does an asylum case take?

Affirmative cases at USCIS commonly wait years for an interview because of the agency backlog, though some newer filings are interviewed quickly. Defensive cases follow the immigration court docket. No attorney can promise a timeline; be skeptical of anyone who does.

Do I need to be in valid status to apply?

No. Asylum is available regardless of your current immigration status, provided you are physically present in the United States and not subject to a statutory bar. INA § 208(a)(1).

What counts as a “particular social group”?

It is one of the most litigated phrases in immigration law. The group must generally share an immutable characteristic — one members cannot change or should not be required to change. Matter of Acosta, 19 I&N Dec. 211 (BIA 1985). Whether a proposed group qualifies is highly case-specific and circuit-specific.

Will my application be confidential?

Asylum applications are subject to confidentiality protections; information may not generally be disclosed without the applicant’s consent. 8 C.F.R. § 208.6.

Talk to an asylum attorney

If you fear return to your country, do not wait — the one-year deadline is unforgiving and early preparation makes stronger cases. Book a consultation to discuss your situation confidentially.

This page is general information, not legal advice, and does not create an attorney-client relationship. Immigration law changes quickly; consult a lawyer about your specific circumstances.