Seeking Protection in the United States
Asylum may be available to individuals who cannot safely return to their home country due to persecution or fear of persecution.
- Political opinion
- Religion
- Nationality
- Race
- Membership in a particular social group
Applying for asylum can be a complex legal process, especially when court hearings or strict filing deadlines are involved. Having experienced legal representation can make a significant difference in your case.
Two Ways to Apply for Asylum
There are two paths to asylum, and which one applies to you depends on your situation. Understanding the difference matters, because the process, the deadlines, and who decides your case are not the same.
Affirmative asylum
If you are not currently in immigration court, you apply affirmatively by filing your application with U.S. Citizenship and Immigration Services (USCIS). You will be scheduled for an interview with an asylum officer, who decides whether to grant your case or refer it to immigration court.
Defensive asylum
If you are already in removal (deportation) proceedings, you apply defensively — meaning you raise asylum as a defense before an immigration judge. The judge, not an asylum officer, decides the outcome, and a government attorney will argue the other side. These cases are often more adversarial and benefit most from experienced representation.
Deadlines and Key Rules
- The one-year deadline: In most cases you must apply within one year of your last arrival in the United States. There are limited exceptions — for example, changed circumstances affecting your eligibility or extraordinary circumstances that delayed filing — but the deadline is strict, so it is important to act early.
- Work permits: You generally cannot apply for a work permit at the same time as your asylum application. Eligibility to apply for work authorization typically opens after your case has been pending for a set waiting period. We can explain the current timeline during your consultation.
- Related protection: If you do not qualify for asylum, you may still be eligible for related forms of protection, such as withholding of removal or protection under the Convention Against Torture (CAT). We evaluate every available option.
- After a grant: If asylum is granted, you may eventually be able to apply for a green card and bring certain family members to the United States.
How Gursoy Law Firm Helps Asylum Clients
- Prepare and file asylum applications
- Gather supporting evidence and documentation
- Prepare for interviews and court hearings
- Defend asylum claims in immigration court
- Navigate complex immigration procedures and deadlines
Why Choose Gursoy Law Firm for Your Asylum Case
- Over 25 years of immigration law experience
- Thousands of successful case outcomes
- Strong immigration court representation
- Personalized legal strategies for every client
- Spanish-speaking support throughout the legal process
Recent Asylum Case Results
- Asylum approved in immigration court
- Deportation proceedings terminated
- Work permit approved during pending asylum case
Frequently Asked Questions About Asylum
How long do asylum cases take?
Every case is different, and timelines can vary depending on court schedules and USCIS processing times.
Can I apply for a work permit while my asylum case is pending?
In many cases, asylum applicants may become eligible to apply for work authorization.
What if I already have an immigration court date?
It is important to seek legal representation as soon as possible if you are scheduled for immigration court.
What is the difference between affirmative and defensive asylum?
Affirmative asylum is filed with USCIS when you are not in immigration court, and an asylum officer interviews you. Defensive asylum is raised as a defense in front of an immigration judge when you are already in removal proceedings.
What is the one-year filing deadline?
In most cases you must file for asylum within one year of arriving in the United States. Limited exceptions exist, but missing the deadline can affect your eligibility, so it is best to seek legal guidance as soon as possible.