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 Application Process
From initial filing to final decision – comprehensive support
Consultation
Evaluate case strength and gather evidence
I-589 Filing
Submit application within one year
Biometrics
Complete fingerprinting and background check
Interview
Attend asylum office interview
Decision
Receive grant, referral, or denial
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.
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 arrivalDefensive Asylum
Apply for asylum during removal proceedings before an Immigration Judge. No one-year deadline if in proceedings.
Defense against deportationWithholding 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 cardConvention Against Torture
Protection for those who face torture by government or with government acquiescence. Available even with criminal issues.
Strictest standard of proofVAWA Self-Petition
For victims of domestic violence by U.S. citizen or permanent resident spouse/parent. File secretly without abuser knowing.
Path to green cardU & T Visas
U visa for crime victims who help law enforcement. T visa for human trafficking victims. Both lead to green cards.
Work authorization includedWHY 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
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)
- 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
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
- 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
- Withholding of removal applications
- Convention Against Torture claims
- Defensive asylum in removal proceedings (if exception applies)
- Unaccompanied minors have extended time
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
- 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
- Can work immediately upon grant
- Can apply for unrestricted EAD
- Eligible for Social Security card without restrictions
- Green card application after one year
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
- 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
- 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
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
- 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)
- 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
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
- 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
- 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
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 |