Asylum & Refugee Status

The United States has long provided protection to individuals fleeing persecution in their home countries. Asylum and refugee status offer a path to safety for people who cannot return home because of a well-founded fear of harm based on who they are, what they believe, or the groups to which they belong.

At Maples, Connick & Brendel, we represent asylum seekers with the thorough preparation and compassionate advocacy that these deeply personal cases require.

Who Qualifies for Asylum?

To be eligible for asylum, you must demonstrate that you have suffered persecution or have a well-founded fear of future persecution based on one or more of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.

Persecution can take many forms, including physical violence and threats of violence, imprisonment or detention, torture, sexual violence, forced labor, severe economic harm or deprivation targeted at you because of a protected characteristic, and threats or harm directed at your family members.

The persecution must be carried out by the government or by groups that the government is unable or unwilling to control.

The Asylum Process

There are two primary pathways to asylum in the United States.

Affirmative asylum — You apply directly with U.S. Citizenship and Immigration Services by filing Form I-589. Your case is initially heard by an asylum officer in a non-adversarial interview. If the asylum officer does not grant your case and you are not in lawful status, the case is referred to immigration court.

Defensive asylum — If you are in removal proceedings, you can apply for asylum as a defense against deportation. Your case is heard by an immigration judge, and the process is adversarial, with a government attorney arguing against your claim.

The One-Year Filing Deadline

In general, asylum applications must be filed within one year of your arrival in the United States. There are limited exceptions for changed or extraordinary circumstances, but this deadline is strictly enforced. If you are considering seeking asylum, do not delay in contacting an attorney.

How We Prepare Your Case

Asylum cases succeed or fail based on the quality of preparation. We work closely with each client to prepare a detailed, credible declaration describing the persecution they have experienced or fear. We gather supporting evidence including country condition reports, news articles, expert declarations, medical or psychological evaluations documenting the effects of persecution, and affidavits from witnesses.

We prepare clients thoroughly for their asylum interview or court hearing, ensuring they understand what to expect and how to present their testimony clearly and consistently.

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For clients who are granted asylum, we also assist with employment authorization, travel documents, applying for lawful permanent residence (green card) after one year, and eventually, the path to U.S. citizenship.

If you are seeking protection from persecution, contact us for a confidential consultation.