Asylum protects people who have suffered persecution, or have a well-founded fear of future persecution, in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Winning an asylum case depends heavily on how well the claim is documented and how credibly and consistently it's presented.
We handle both affirmative asylum applications filed with USCIS and defensive asylum claims raised as a defense in removal proceedings. We also evaluate related protections, withholding of removal and relief under the Convention Against Torture, for clients whose facts don't fit asylum's one-year filing deadline or specific legal elements.
Who This Helps
- Individuals who fear persecution based on race, religion, nationality, political opinion, or particular social group
- Applicants filing within one year of their most recent arrival in the U.S., or who qualify for an exception to that deadline
- Individuals already in removal proceedings who need to raise asylum defensively before the immigration judge
- Survivors of gang, gender-based, or domestic violence who may fit a particular social group claim
- Clients whose facts support withholding of removal or CAT protection even if the asylum deadline has passed
- Applicants who need help articulating and documenting a credible, consistent account of past harm or feared harm
How We Handle These Cases
Claim Assessment
We evaluate your account against the legal elements of asylum, identify the strongest protected ground, and assess whether the one-year filing deadline applies or an exception fits.
Declaration & Evidence Gathering
We help you prepare a detailed, consistent written declaration and gather corroborating country condition evidence, expert reports, and supporting documentation.
USCIS Interview or Individual Hearing
For affirmative cases, we prepare you for the USCIS asylum interview. For defensive cases, we represent you at the full merits hearing before the immigration judge.
Appeal if Necessary
If an asylum claim is denied, we assess whether an appeal to the BIA, or a motion to reopen based on new evidence, is the right next step.
Frequently Asked Questions
What's the difference between affirmative and defensive asylum?
Affirmative asylum is filed proactively with USCIS by someone not currently in removal proceedings. Defensive asylum is raised as a defense to deportation before an immigration judge, after someone has already been placed in removal proceedings. The legal standard is the same, but the process and forum differ.
Is there really a one-year deadline to apply for asylum?
Generally, yes. Applicants must file within one year of their most recent arrival in the U.S. There are exceptions for changed circumstances affecting eligibility or extraordinary circumstances that caused the delay, but these exceptions require solid documentation to succeed.
What if I don't qualify for asylum because of the one-year deadline?
You may still qualify for withholding of removal or protection under the Convention Against Torture, which don't carry the same filing deadline, though they carry a higher burden of proof and offer more limited benefits than asylum.
Can my spouse and children be included in my asylum application?
Yes, a spouse and unmarried children under 21 who are in the U.S. can generally be included as derivatives on an affirmative asylum application. Family members abroad may be able to join later through a separate follow-to-join process after asylum is granted.
This page is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.