Asylum and Humanitarian Relief FAQs

Who qualifies for asylum in the United States?

Asylum is available to people who have suffered persecution, or who have a well-founded fear of future persecution, on account of race, religion, nationality, political opinion, or membership in a particular social group. Every case turns on its specific facts and evidence, and this is an area where the law and agency practice are shifting frequently. We assess whether your experience fits a protected ground and what documentation will make the strongest case.

Is there a deadline to apply for asylum?

Generally, you must apply within one year of your last arrival in the United States, with limited exceptions for changed or extraordinary circumstances. This one-year deadline still applies even during periods when the government has slowed or paused decision-making, so you should not wait for processing conditions to change before filing. Missing the deadline can bar your claim, so speak with an attorney as soon as possible.

What is the difference between affirmative and defensive asylum?

Affirmative asylum is applied for with USCIS when you are not in removal proceedings. Defensive asylum is raised as a defense when you are already in immigration court facing removal. The two follow different tracks, deadlines, and strategies, and recent policy changes have affected them differently, including periods when certain affirmative decisions were paused while court cases continued. We handle both.

Are there fees to apply for or maintain an asylum case?

The government has introduced fees in this area, including a fee to file and, in some circumstances, a recurring annual fee while a case remains pending, with consequences for non-payment. These amounts and rules have been changing, so rather than quote a figure that may be outdated, we confirm the current fees and deadlines that apply to your case and make sure nothing is missed.

I have a hearing or interview coming up. How should I prepare?

Preparation is where these cases are won or lost. That means assembling credible, well-organized evidence such as country-conditions documentation, corroborating records, and consistent testimony, and preparing thoroughly for the questions you will be asked. Consistency across your application, documents, and testimony matters enormously, and inconsistencies, including on social media, can seriously damage a claim. If you have an upcoming date, do not wait to get help organizing your case.

Are there other forms of humanitarian relief besides asylum?

Yes. Depending on your situation, options can include withholding of removal, protection under the Convention Against Torture, Temporary Protected Status, and certain visas for victims of crime or abuse such as the U visa and T visa. Each has different requirements, deadlines, and consequences, and several of these programs have been affected by recent policy and court decisions. We evaluate the full range of relief you may be eligible for rather than looking at asylum in isolation.

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