
Asylum is a form of protection granted to individuals physically present in the United States or arriving at its borders and unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution. This persecution must be based on specific protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. If granted asylum, the individual can remain in the U.S., apply for lawful permanent residency after one year, and eventually seek U.S. citizenship.
Applying for asylum in the U.S. is a complex and challenging process that requires a deep understanding of immigration laws and procedures. A single mistake in documentation or an incomplete application can lead to delays or even denial. This is why having an experienced asylum lawyer is crucial.
An asylum lawyer helps you:
Because immigration laws frequently change, having legal support ensures that you stay informed and prepared for each step of the process. With the right legal assistance, you can confidently navigate the asylum system and improve your chances of securing protection in the U.S.
To be eligible for asylum, an applicant must:
At Raju Law, we specialize in helping clients compile strong petitions that meet these requirements.
The asylum process in the United States comprises two primary pathways: affirmative and defensive. Each serves different circumstances and involves distinct procedures.
Affirmative asylum is for individuals physically present in the U.S. and seek protection due to past persecution or a well-founded fear of future persecution in their home country. Applicants must file Form I-589, Application for Asylum and Withholding of Removal, within one year of arrival. The process involves submitting the application to U.S. Citizenship and Immigration Services (USCIS), undergoing background checks, and attending an interview with an asylum officer. If the officer grants asylum, the applicant receives protection and may eventually apply for permanent residency. If not, and the applicant lacks legal status, the case is referred to an immigration judge, transitioning to the defensive asylum process.
Defensive asylum applies to individuals facing removal (deportation) proceedings. In this scenario, the individual requests asylum as a defense against removal. The case is presented before an immigration judge in the Executive Office for Immigration Review (EOIR). The judge evaluates the asylum claim along with any other defenses against removal. If the judge grants asylum, the individual can remain in the U.S.; if denied, the individual may be ordered to leave the country.
At Raju Law, our experienced asylum immigration lawyers are adept at navigating affirmative and defensive asylum processes. For affirmative asylum clients, we assist with the meticulous preparation of Form I-589, craft compelling personal statements, gather pertinent country reports and news articles, and develop robust legal briefs. We also provide thorough interview preparation, including mock interviews, to ensure clients are well-prepared for their USCIS interviews.
For defensive asylum clients, our services encompass analyzing existing case records, collecting mandatory documents, preparing and submitting Form I-589, and filing necessary motions and legal briefs. We diligently prepare clients for court appearances, conducting mock hearings and submitting prehearing statements so that they can effectively present their cases before immigration judges.
Our commitment is to provide personalized, expert legal guidance to each client, ensuring they are well-equipped to navigate the complexities of the asylum process.
Applying for asylum in the United States is a complex process fraught with numerous challenges that applicants must navigate to achieve a favorable outcome. Some of the most common obstacles include:
Facing a denial of your asylum application can be daunting, but understanding the subsequent steps and available options is crucial. The procedures following a denial differ based on the stage at which your application was processed.
If an immigration judge denies your asylum application during removal proceedings, you have several options:
If asylum is denied, you might still be eligible for other forms of relief:
In some cases, you may request voluntary departure, allowing you to leave the U.S. at your own expense within a specified timeframe, thereby avoiding a formal removal order on your record.
If all appeals and alternative relief options are exhausted and denied, you may be subject to removal (deportation) from the United States. It's essential to consult with an experienced immigration attorney to explore all possible avenues and ensure your rights are protected throughout the process.
Recent shifts in U.S. immigration policies have influenced asylum procedures and outcomes. For instance, under previous administrations, policies such as family separations and limitations on asylum eligibility have affected applicants. Staying informed about current policies and seeking legal counsel is crucial.
Seeking asylum can be a complex and overwhelming process. However, with Raju Law, you will have a dedicated team of legal experts, case managers, and documentation specialists guiding you every step of the way. Whether you are applying for affirmative asylum through USCIS or facing defensive asylum proceedings in immigration court, we have the expertise to help you navigate the process successfully.
What Makes Us Stand Out?
With Raju Law, you get the expertise, commitment, and personalized attention you need to navigate the asylum process confidently.
At Raju Law, our legal fees for asylum cases are as follows:
For clients who require expedited processing, we offer urgent submission services:
If a client requires assistance with a specific part of their case, such as:
For professional legal guidance, Meet our immigration attorneys in person at your nearest Raju Law branch.
For immediate assistance, Speak directly with our knowledgeable immigration experts by calling our official phone numbers.
For case evaluations and inquiries, or to schedule a consultation, contact us at raju@rajulaw.com or info@rajulaw.com.
Set up a one-on-one meeting with Raju Mahajan to discuss your case in detail and explore your legal options.
Yes, seeking asylum is legal—even during a pandemic. Asylum seekers must be in the U.S. or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum.
During the COVID-19 pandemic, epidemiologists and other public health experts have made clear that asylum seekers and their children can be safely processed at the border using public health measures.
The USCIS aims to decide on your asylum application within 180 days. During this time, you must have your fingerprints taken and attend an interview at one of the eight asylum offices.
Asylum seekers do not automatically have the right to work. You may apply for a work permit or “Employment Authorization Document” (EAD) 150 days after applying for asylum.
If approved, you will be eligible to receive your work permit 180 days after applying for asylum. If you are given a “recommended approval for a grant of asylum” before 150 days, you can apply for a work permit immediately.
Yes. Your spouse and unmarried children under 21 may be able to obtain derivative asylum status. If they are in the United States, you may ask to include them in your asylum decision, or if you are granted asylum, you can petition to bring them to the US. (This must be done within two years of being granted asylum.)
Yes, but depending on the crime, you may be barred from being granted asylum. You must disclose any criminal history on your Form I-589, Application for Asylum and Withholding of Removal, and at your asylum interview. If you do not disclose such information, your asylum claim will be referred to the immigration court and may result in fines or imprisonment for committing perjury.