Asylum is available to people who have suffered past persecution or who have a well-founded fear of future persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group. It is a humanitarian protection grounded in international and federal law, and it is one of the most carefully scrutinized applications in immigration practice.
Most asylum applicants must file within one year of arriving in the United States, with limited exceptions for changed or extraordinary circumstances.
The two paths.
Affirmative asylum is filed with USCIS by an applicant who is not in removal proceedings. The application is decided by an asylum officer after an interview. Defensive asylum is raised as a defense before an immigration judge after removal proceedings have begun. Most cases the firm handles in Chicago Immigration Court are defensive.
Building the case.
A successful asylum case requires a detailed and consistent personal declaration, corroborating evidence (medical records, police reports, photographs, identity documents, communications), country conditions evidence (State Department reports, human rights organization reports, expert declarations), and meticulous preparation of the applicant for cross-examination by the government attorney.
Particular social group.
Many of the firm's recent asylum cases turn on membership in a particular social group: survivors of domestic violence in countries that fail to protect them, sexual minorities facing persecution, victims of gang violence with a particular nexus, and others. The legal standards are strict and have changed significantly in recent years. Careful framing of the social group is often the difference.
Withholding of removal and CAT.
If asylum is unavailable because of timing or other bars, the firm pursues withholding of removal under the Immigration and Nationality Act and protection under the Convention Against Torture. Both have higher burdens than asylum but provide critical protection from removal.
Who This Is For
- Affirmative asylum applicants filing with USCIS
- Defensive asylum applicants in removal proceedings
- Applicants facing the one-year filing deadline
- Withholding of removal and CAT claims
- Family members included as derivative applicants
Why Work With This Firm
- Detailed declaration preparation
- Country conditions research and expert coordination
- Cross-examination preparation
- Experience before Chicago Immigration Court
- Confidential, trauma-aware representation