Seeking Safety in America

If you’ve fled persecution or fear returning to your home country, the United States offers protection through asylum and refugee programs. Our experienced attorneys understand the urgency and sensitivity of asylum cases. We provide compassionate, skilled representation to help you build a strong case for protection, whether you’re applying affirmatively or defending against removal proceedings.

Asylum Eligibility

Asylum Application Process

From initial filing to final decision – comprehensive support

1

Consultation

Evaluate case strength and gather evidence

2

I-589 Filing

Submit application within one year

3

Biometrics

Complete fingerprinting and background check

4

Interview

Attend asylum office interview

5

Decision

Receive grant, referral, or denial

6

Green Card

Apply after one year of asylum

Protection & Relief Options

Multiple forms of protection for those fleeing persecution.

We’ll identify the strongest path to safety based on your circumstances.

ASY

Affirmative Asylum

File proactively with USCIS if you fear persecution based on race, religion, nationality, political opinion, or particular social group.

Must file within 1 year of arrival
DEF

Defensive Asylum

Apply for asylum during removal proceedings before an Immigration Judge. No one-year deadline if in proceedings.

Defense against deportation
WITH

Withholding of Removal

Higher burden than asylum but no one-year deadline. Prevents removal to country where life or freedom would be threatened.

No path to green card
CAT

Convention Against Torture

Protection for those who face torture by government or with government acquiescence. Available even with criminal issues.

Strictest standard of proof
VAWA

VAWA Self-Petition

For victims of domestic violence by U.S. citizen or permanent resident spouse/parent. File secretly without abuser knowing.

Path to green card
U/T

U & T Visas

U visa for crime victims who help law enforcement. T visa for human trafficking victims. Both lead to green cards.

Work authorization included

WHY CHOOSE ATLAS

Compassionate Asylum Representation

CASE PREPARATION

Develop compelling narratives supported by country condition evidence, expert testimony, and comprehensive documentation.

INTERVIEW PREPARATION

Extensive mock interviews and testimony preparation to ensure confident, consistent presentation of your case.

COURT REPRESENTATION

Skilled advocacy before Immigration Judges, Board of Immigration Appeals, and federal courts when necessary.

FAMILY INCLUSION

Include spouse and unmarried children under 21 in your application, ensuring protection for your entire family.

Frequently Asked Questions

Get answers to common asylum and protection questions

To qualify for asylum, you must demonstrate persecution or fear of persecution based on a protected ground:

Protected Grounds (must be at least one):
  • Race: Persecution due to ethnic or racial identity
  • Religion: Targeted for religious beliefs or practices
  • Nationality: Persecution based on country of origin or ethnicity
  • Political Opinion: Actual or imputed political beliefs
  • Particular Social Group: Membership in a group with immutable characteristics (e.g., LGBTQ+, gender, family ties)
Persecution Requirements:
  • Harm must rise above harassment or discrimination
  • Can be physical, psychological, or economic
  • Government perpetrated or unable/unwilling to control
  • Past persecution or well-founded fear of future persecution
Bars to Asylum: One-year filing deadline (with exceptions), safe third country, persecution of others, serious crimes, terrorism-related inadmissibility.
You must file for asylum within one year of your last arrival in the United States, but important exceptions exist:

Changed Circumstances:
  • Changes in your country that affect your eligibility
  • Changes in U.S. law or asylum interpretation
  • Changes in your personal circumstances (coming out as LGBTQ+, religious conversion, political activities)
  • Becoming aware of past persecution’s severity
Extraordinary Circumstances:
  • Serious illness or mental/physical disability
  • Legal disability (minor, mental incompetence)
  • Ineffective assistance of counsel
  • Maintained lawful status until shortly before filing
  • Filed within reasonable time after circumstances ended
No Deadline For:
  • Withholding of removal applications
  • Convention Against Torture claims
  • Defensive asylum in removal proceedings (if exception applies)
  • Unaccompanied minors have extended time
Important: File as soon as possible – explaining delay becomes harder over time.
Yes, but you must wait before applying for work authorization:

150-Day Wait:
  • Cannot apply for EAD until 150 days after filing complete asylum application
  • Clock stops for delays you cause (requests for continuance, failure to appear)
  • Clock continues during government-caused delays
  • Check clock status online or at hearings
Work Permit Process:
  • File Form I-765 with (c)(8) category
  • No filing fee for initial asylum-based EAD
  • Should receive within 30 days of filing (after 150 days)
  • Valid for 2 years, renewable while case pending
After Asylum Grant:
  • Can work immediately upon grant
  • Can apply for unrestricted EAD
  • Eligible for Social Security card without restrictions
  • Green card application after one year
Travel Warning: Cannot return to home country while case pending or after grant – will likely terminate asylum.
The asylum interview is crucial to your case. Here’s what to expect:

Interview Process:
  • Non-adversarial setting with Asylum Officer
  • Usually 2-4 hours, sometimes longer
  • Conducted in English or through interpreter
  • Under oath – truthfulness is critical
  • Attorney can attend but limited role
Topics Covered:
  • Identity and biographical information
  • Detailed account of persecution/fear
  • Why you cannot return home
  • Whether you sought protection elsewhere
  • Activities in the U.S.
  • Criminal history if any
Preparation Tips:
  • Review your application thoroughly
  • Practice testimony but don’t memorize scripts
  • Bring all original documents
  • Be consistent with written statement
  • Answer only what’s asked
  • Say “I don’t know” if you don’t remember
After Interview: Decision usually within 2 weeks to several months. If referred to court, you get another opportunity before a judge.
A denial isn’t necessarily the end. Your options depend on your status and type of denial:

Affirmative Asylum Denial:
  • If in valid status: Receive denial letter, can remain in current status
  • If no status: Referred to Immigration Court for removal proceedings
  • Get full hearing before Immigration Judge (de novo review)
  • Can present new evidence and testimony
  • Often stronger cases in court with attorney
Immigration Court Denial:
  • Appeal to Board of Immigration Appeals (30 days to file)
  • Motion to Reopen/Reconsider if new evidence or legal error
  • Federal court review (Circuit Court of Appeals)
  • Can pursue other relief (Withholding, CAT, Cancellation)
Alternative Relief:
  • Withholding of Removal: Higher burden but no one-year deadline
  • CAT Protection: If you face torture
  • Cancellation of Removal: If here 10+ years
  • Prosecutorial Discretion: Case closure or administrative closure
Yes, certain family members can be included as derivatives on your application:

Who Can Be Included:
  • Spouse: Legal marriage recognized by U.S. law
  • Children: Unmarried and under 21 at time of filing
  • Must be in the U.S. to be included
  • Can add family members who arrive later
Family Outside the U.S.:
  • Can file I-730 after asylum grant
  • Must file within 2 years of asylum grant
  • No filing fee for I-730
  • Family members undergo security checks
  • Process takes 1-3 years typically
Important Considerations:
  • Derivative asylees get same status as principal
  • Can apply for green cards after one year
  • Children who turn 21 may “age out” – file quickly
  • Marriage after asylum grant requires different process
  • Divorce doesn’t affect granted derivative status
Strategy: Include all eligible family members initially. Adding later can delay their cases significantly.
Withholding of removal provides protection but with significant limitations compared to asylum:

Key Differences:
Aspect Asylum Withholding
Burden of Proof Well-founded fear (10% chance) More likely than not (51%)
One-year deadline Yes (with exceptions) No deadline
Path to green card Yes, after one year No path
Include family Yes No
Travel abroad Yes (not home country) Risky, may not return
Criminal bars Serious crimes bar Only very serious crimes
When to Pursue Withholding: Missed one-year deadline, criminal issues that bar asylum but not withholding, cannot meet asylum standard but can show 51% likelihood, or as fallback if asylum denied.