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Asylum: Protection for Those Fleeing Persecution
Asylum law is rooted in the principle that no person should be forced to return to a place where their life or freedom is at risk because of who they are or what they believe. If you fear persecution, GBLawFirm can help you understand your rights and prepare the strongest possible case for protection.
What Is Asylum?
Asylum is a form of protection available to individuals who are present in the United States — or arriving at a port of entry — and who meet the definition of a refugee: a person who is unable or unwilling to return to their home country because of past persecution, or a well-founded fear of future persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion.
Affirmative Asylum
Individuals who are not in removal proceedings and who are not subject to certain bars may apply for asylum affirmatively by filing Form I-589, Application for Asylum and Withholding of Removal, with USCIS. The application is adjudicated by an Asylum Officer at a USCIS asylum office. If the Asylum Officer does not grant asylum, the case is referred to Immigration Court, where it becomes a defensive asylum claim.
There is generally a one-year filing deadline: an asylum application must be filed within one year of the applicant’s last arrival in the United States, unless certain changed or extraordinary circumstances apply. Our attorneys advise clients immediately on the status of this deadline and on any applicable exceptions.
Defensive Asylum
Individuals who are in removal proceedings may raise asylum as a defense to removal before an Immigration Judge. The merits hearing is adversarial — the government’s attorney actively contests the claim — and the evidentiary and legal standards are demanding. Our attorneys prepare detailed documentary records, arrange expert witnesses where relevant, and present persuasive legal arguments on the grounds of claimed persecution.
Withholding of Removal
Individuals who cannot meet the one-year filing deadline, or who are otherwise barred from asylum, may still seek withholding of removal if they can demonstrate a clear probability (more likely than not) of persecution on one of the five protected grounds upon return. Withholding does not lead to permanent residence but prevents forced return to the country of persecution.
Convention Against Torture (CAT) Relief
Separately from asylum and withholding, individuals may seek protection under the Convention Against Torture if they can demonstrate that it is more likely than not that they would be tortured by or with the acquiescence of a government official in their home country. CAT protection is available regardless of the grounds of persecution and regardless of whether the individual has been convicted of serious crimes.
What Makes a Strong Asylum Case
Strong asylum cases are built on detailed, credible personal testimony corroborated by documentary evidence — country condition reports, news articles, human rights organisation reports, medical records, police reports, and expert witness declarations. Our attorneys conduct thorough client interviews, identify the most relevant evidence, and construct records that tell a coherent and compelling story to asylum officers and immigration judges.
