Are you fleeing persecution in your home country and seeking asylum in the United States? The federal asylum attorneys at Paladin Law are here to help you navigate the process and fight for the protection you deserve. Call (417) 228-0784 today for a confidential consultation with a federal asylum lawyer to learn more about your legal options.
We have 42 years of combined experience handling complex immigration matters. Our legal team helps individuals and families seek safety and build new lives in the United States. We understand what’s at stake when you file an asylum claim, and we’re here to support you.
Why Choose Paladin Law To Handle Your Asylum Case?
Asylum cases offer a pathway to residing in the U.S. for individuals and families who face persecution in their country of origin. However, you need an experienced federal asylum attorney like those at Paladin Law who understands asylum law and how to present a compelling case to the USCIS.
Clients choose the firm because:
- We have over four decades of combined legal experience handling asylum and humanitarian protection cases
- Our founding attorney is a military veteran who understands firsthand the importance of the right to live without fear
- We are proud members of the American Immigration Lawyers Association (AILA)
- We have a strong track record of guiding asylum seekers successfully through both affirmative and defensive asylum processes
- We provide compassionate, personalized representation and treat every client as an individual
We understand that coming forward to seek asylum requires tremendous courage. Call us today to schedule a confidential consultation with a federal asylum attorney to take the next step forward.
What Is Asylum in the Immigration Context?
Asylum is a form of legal protection available to individuals who have suffered persecution or have a legitimate fear of persecution in their home country. It allows qualifying individuals to remain in the United States lawfully and later apply for permanent residency and citizenship.
To qualify for asylum, an applicant must demonstrate that they have suffered persecution or may face future persecution based on one of five protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
The persecution must be carried out by the applicant’s government or by groups that the government is unable or unwilling to control.
Affirmative vs. Defensive Asylum
There are two primary types of asylum: affirmative asylum and defensive asylum.
Affirmative Asylum
Affirmative asylum is available to individuals who are not currently in removal proceedings (meaning the USCIS is not in the process of deporting the applicant). To apply affirmatively, an applicant must file an Application for Asylum and Withholding of Removal with USCIS within one year of arriving in the United States. After filing, the applicant will be scheduled for an interview with an asylum officer who will evaluate the merits of the claim.
If the asylum officer approves the application, the individual is granted asylum status. If the officer does not approve the claim, the case is typically referred to an immigration judge for further review.
Defensive Asylum
Defensive asylum arises when an individual requests asylum as a defense against removal from the United States. These cases are heard before an immigration judge. The government is represented by an attorney from Immigration and Customs Enforcement (ICE), and the applicant must present their case before a judge who will make a final determination.
Defensive asylum cases are often more complex than affirmative asylum matters. They generally require thorough case preparation, strong supporting evidence, and experienced legal representation to be successful.
What Is the Deadline for Applying for Asylum?
In most circumstances, an individual must apply for asylum within one year of their last arrival in the United States. Failing to meet this deadline can permanently bar you from receiving asylum protection.
There are limited exceptions to the one-year rule. Significant political or social changes in your home country are an example, as well as extraordinary circumstances that prevented timely filing. However, these exceptions are narrow and should not be relied upon without legal representation.
If you believe you may have missed the one-year deadline, it is essential to speak with a federal asylum attorney as soon as possible. Even if asylum is no longer available, you may qualify for other forms of humanitarian protection, such as withholding of removal or protection under the Convention Against Torture.
We Handle All Types of Asylum Cases in the U.S.
At Paladin Law, we represent asylum seekers from countries around the world with persecution and humanitarian protection claims.
We regularly assist clients with matters involving:
- Persecution based on political opinion: Individuals who have spoken out against their government or been targeted because of their perceived political beliefs may have grounds for asylum.
- Religious persecution: Members of minority religions often face discrimination, violence, or state-sponsored oppression because of their faith. These are among the most common asylum applicants.
- Persecution based on race or nationality: Ethnic minorities and individuals targeted because of their national origin or racial identity may also qualify for asylum protection. These cases often require detailed evidence of country conditions and the specific targeting of discrete groups.
- Membership in a particular social group: This class may encompass individuals fleeing gang violence, domestic abuse, or persecution based on gender, sexual orientation, or family membership. The group depends on how the social group is defined and whether the government is unable or unwilling to provide protection.
- Unaccompanied minors and vulnerable populations: Children and other vulnerable individuals fleeing persecution may qualify for asylum, but they face unique procedural and legal complexities.
Regardless of your background or circumstances, Paladin Law will take the time to understand your story and develop a legal strategy designed to give you the best possible chance of protection.
What Happens After Asylum Is Granted?
Being granted asylum is a life-changing event. Once asylum is granted, you will be able to:
- Live and work legally in the United States
- Apply for a Social Security card and travel document
- Petition to bring your spouse and unmarried children under 21 to the United States as derivative asylees, if they were not included in your original application
- Apply for lawful permanent residency (a green card) one year after being granted asylum
- Eventually pursue U.S. citizenship after meeting the required residency and other eligibility requirements
It is important to note that asylum status is not automatically permanent. In limited circumstances, the government may seek to terminate asylum status if conditions in your home country change significantly or if you engage in conduct that renders you ineligible for asylum status. You may need continued legal guidance to maintain your status.
What Happens if an Asylum Application Is Denied?
A denial of your asylum application is not necessarily the end of the matter. You may have several options, depending on when your case was denied and the stated reasons for the rejection:
- If an affirmative asylum application is denied by USCIS, the case may be referred to immigration court for a full hearing before an immigration judge.
- If an immigration judge denies the claim, the decision can typically be appealed to the Board of Immigration Appeals (BIA).
- If the BIA upholds the denial, further review may be available in the federal circuit courts.
- Applicants may seek withholding of removal, which can prevent deportation to a country where they face persecution.
- Protection under the Convention Against Torture (CAT) may also be available if there is a risk of torture in the home country.
An experienced asylum attorney can carefully review the reasons for a denial and advise you on the other paths given your specific circumstances. Time is often critical after a denial; do not wait to seek legal guidance.
How a Federal Asylum Attorney Can Help
The asylum process is governed by strict legal standards that can be difficult to navigate without experienced guidance. A single misstep can jeopardize your entire case. Working with a knowledgeable federal asylum attorney gives you the best possible foundation for a successful outcome.
At Paladin Law, a federal asylum attorney can assist you by:
- Evaluating your eligibility for asylum and other forms of humanitarian protection
- Ensuring your application is filed accurately and within all required deadlines
- Gathering and organizing supporting evidence, including country condition reports, witness statements, and medical or psychological documentation
- Preparing you thoroughly for your asylum interview or immigration court hearing
- Responding to requests for additional evidence from USCIS or immigration authorities
- Representing you before immigration judges and, if necessary, the Board of Immigration Appeals
- Identifying alternative forms of relief if asylum is not available in your situation
Contact Paladin Law today to learn more about how an experienced attorney can help your case.
Schedule a Confidential Consultation With a Federal Asylum Attorney
If you or a loved one is seeking asylum or has questions about the asylum process in the United States, do not wait. Contact Paladin Law today to schedule a confidential consultation with a federal asylum attorney. We are here to help you take the next step toward safety and a more secure future.