Asylum Lawyer for People Fleeing Persecution
If you fear returning to your home country because of your race, religion, nationality, political opinion or membership in a particular social group, asylum may let you stay in the United States, work legally and later apply for a green card. We prepare asylum applications, declarations and evidence, and we represent clients at asylum office interviews and in immigration court.
Massachusetts Bar since 2014 · AILA member · Consultations in English, Gujarati, Hindi, Punjabi and Spanish · Cases handled nationwide
On This Page
Key Facts
- File Form I-589 within 1 year of arrival
- 5 protected grounds
- Work permit possible after the 180-day clock
- Asylees can apply for a green card after 1 year
- Spouse and unmarried children under 21 can be included
What Is Asylum?
Asylum is protection the United States gives to people who were persecuted, or have a well-founded fear of future persecution, in their home country on account of one of five grounds: race, religion, nationality, political opinion or membership in a particular social group. The harm must come from the government or from people the government cannot or will not control.
A person granted asylum (an asylee) can live and work in the U.S., travel with a refugee travel document, petition for a spouse and unmarried children under 21, and apply for permanent residence one year after the grant.
Protection from removal. An asylum grant means you cannot be returned to the country you fear while your status lasts.
Family can be included. Your spouse and unmarried children under 21 can be listed on your application or petitioned for later with Form I-730.
Path to citizenship. Asylees can apply for a green card after one year and for citizenship after holding a green card.
Do I Need a Lawyer for Asylum?
The law does not require a lawyer, but asylum is one of the hardest cases to win alone. Your written declaration, the consistency of your testimony and the evidence you submit decide the outcome, and small inconsistencies between your form, your interview and your documents can be treated as credibility problems.
A lawyer helps you meet the one-year filing deadline or prove an exception, frame your harm under the correct protected ground, gather country-condition evidence, prepare you for the interview or hearing, and preserve other protections such as withholding of removal and the Convention Against Torture if asylum is not available.
Who Qualifies for Asylum?
- Past persecution or a well-founded fear of future persecution, meaning serious harm such as threats, violence, detention or torture.
- Connected to a protected ground — race, religion, nationality, political opinion or a particular social group (for example, family membership or certain identity-based groups).
- By the government or a group it cannot or will not control.
- Filed within one year of your last arrival, unless changed or extraordinary circumstances explain the delay.
- No bar applies — such as persecuting others, certain serious crimes, firm resettlement in another country or security grounds.
If a bar or the deadline blocks asylum, withholding of removal and protection under the Convention Against Torture (CAT) may still prevent deportation, although they do not lead to a green card.
Affirmative vs. Defensive Asylum
Affirmative asylum is filed with USCIS by people who are not in removal proceedings. You attend an interview at the asylum office with jurisdiction over where you live. If the officer does not grant asylum, the case is usually referred to immigration court.
Defensive asylum is requested before an immigration judge as a defense to removal. The case moves through master calendar hearings and an individual (merits) hearing where you testify and a government attorney may cross-examine you.
We represent clients in Massachusetts and the Boston-area immigration courts, and in asylum offices and courts across the country by video where allowed.
The Asylum Process, Step by Step
- Consultation and screening — your story, dates of entry, any prior immigration history and possible bars.
- Declaration and evidence — a detailed personal statement, witness letters, medical or police records and country-condition reports.
- File Form I-589 — with USCIS (affirmative) or the immigration court (defensive), including your spouse and children where eligible.
- Biometrics — fingerprints and background checks.
- Work permit — you may apply for an employment authorization document once the 180-day asylum clock allows.
- Interview or hearing — we prepare you in detail and attend with you.
- Decision — a grant, a referral to court or a denial that can be appealed to the Board of Immigration Appeals.
Asylum in 2026: What to Expect
New fees. Since July 2025, federal law charges a $100 asylum application fee and a $100 annual fee for each year an application stays pending, and higher fees for asylum-based work permits. Fee waivers are generally not available, so missing a payment notice can put a case at risk.
Slower and stricter processing. USCIS paused or slowed many affirmative asylum decisions from late 2025 and added further security reviews. Immigration courts also face large backlogs. Plan for a long wait and keep your address updated with both USCIS and the court.
The one-year deadline is enforced. If you have been in the U.S. close to a year, speak with a lawyer now.
Can My Family Get Asylum With Me?
Yes. Your spouse and unmarried children under 21 who are in the U.S. can be included on your I-589 as derivatives. If they are abroad, you can file Form I-730 within two years of your grant to bring them to the United States. A child who turns 21 during the case may still be protected under the Child Status Protection Act.
Documents We Will Ask For
- Passport, national ID and birth certificate
- Entry records (I-94) and any prior immigration documents
- Your detailed written declaration
- Evidence of harm: photos, medical and police reports, threats, membership cards
- Letters from witnesses, family or organizations
- Country-condition reports
- Marriage and children’s birth certificates for derivatives
- Translations of every foreign-language document
How much does asylum cost?
Government fees now include the $100 asylum application fee, the $100 annual fee while the case is pending and work-permit fees. The legal fee depends on whether the case is affirmative or in court and how much evidence is needed. We explain our fees clearly during your consultation, before you decide to hire us.
Asylum: Frequently Asked Questions
How long do I have to apply for asylum?
You must generally file within one year of your last arrival in the U.S. Changed circumstances, such as new events in your country, or extraordinary circumstances, such as serious illness, can excuse a late filing if you file within a reasonable time.
Can I work while my asylum case is pending?
You can apply for a work permit once your asylum application has been pending long enough under the 180-day asylum clock, as long as you did not cause delays. New work-permit fees apply since 2025.
What is the difference between asylum and withholding of removal?
Asylum leads to a green card and lets you petition for family. Withholding of removal has a higher burden of proof, only stops removal to the country you fear and does not lead to a green card, but it has no one-year deadline.
Can I travel while my asylum case is pending?
Travel is risky. Leaving without advance permission can be treated as abandoning your application, and returning to the country you fear can damage your case. Speak with your lawyer before any travel.
What happens if my asylum is denied?
An affirmative case is usually referred to immigration court, where you can present it again to a judge. A judge’s denial can be appealed to the Board of Immigration Appeals within 30 days.
Can I get a green card after asylum?
Yes. One year after asylum is granted you can apply for permanent residence with Form I-485, and after five years as a resident (counting one year back) you can apply for citizenship.
Why Clients Choose Us?
Simple, guided process designed to make your immigration journey clear and manageable.
Strategy Calls
We Set Realistic Timelines
We File Carefully and Thoroughly
Ongoing Updates
Remote Capability
Asylum Lawyer – Ready to take the next step?
Every case starts with a careful review of your history and evidence. Book a consultation and we will explain your options, the risks and the realistic timeline before you decide anything.
Consultations are available in English, Gujarati, Hindi, Punjabi and Spanish, by phone, video or in person in Woburn.
