Asylum

The United States offers asylum as a form of protection to people who have fled their home countries due to persecution or a well-founded fear of future persecution. If you are afraid to return to your country because you might be harmed or targeted, applying for asylum can allow you to stay in the U.S. legally, obtain a work permit, and eventually get a green card and citizenship. Our firm is deeply committed to helping refugees and asylum seekers find safety and build a new life in the U.S. We handle both affirmative asylum applications (those made voluntarily to USCIS) and defensive asylum cases (those made as a defense in immigration court during deportation proceedings).

Who Qualifies for Asylum?

U.S. law sets specific criteria for asylum eligibility. To be granted asylum, an applicant must show that they have a well-founded fear of persecution in their home country on account of one of five protected grounds:

Race: Persecution because of your race or ethnicity.

Religion: Persecution for your religious beliefs (or lack thereof).

Nationality: Persecution due to your nationality or ethnic origin.

Membership in a Particular Social Group: Persecution because you belong to a particular social group. (This ground can include many things, such as family ties or an identifiable group of people sharing a common characteristic that is not changeable – for example, LGBT individuals, members of a clan or tribe, former police or military, victims of domestic violence in some cases, etc. This category is often complex and is defined through legal precedents.)

Political Opinion: Persecution because of your political beliefs or activism, or even political opinions the persecutor falsely imputes to you.

One-Year Filing Deadline:

In general, you must apply for asylum within one year of your most recent arrival in the United States. If you miss this deadline, you need to show that you qualify for an exception (either “changed circumstances” – something changed that affects your eligibility, such as country conditions worsening or you recently coming of age, etc., or “extraordinary circumstances” – something beyond your control prevented timely filing, such as serious illness or legal disability). Meeting the one-year deadline is critical. We ensure that our clients file on time or document any exceptions in detail to excuse a late filing

Affirmative vs. Defensive Asylum:

There are two paths to seek asylum:

Affirmative Asylum: If you are not in removal (deportation) proceedings, you can apply affirmatively by submitting Form I-589 (Application for Asylum and Withholding of Removal) to USCIS. This is done on your own initiative, typically when you have entered the U.S. on a visa or other status and decide to seek asylum, or even if you entered without. After filing, you will be scheduled for an interview at one of the USCIS Asylum Offices. An asylum officer will conduct a non-adversarial interview to hear your claim. If you are granted asylum status, you can apply for a green card after one year. If the asylum officer does not grant your case and you are out of status, your case is referred to an Immigration Court for a second chance (a defensive proceeding).

Defensive Asylum: If you are already in immigration court proceedings (for example, you were detained at the border and found to have a “credible fear,” or you were placed in removal proceedings for any reason), you can apply for asylum as a defense to removal by submitting the I-589 to the court and the government’s attorney. In this scenario, an Immigration Judge will hear your case as part of your deportation case. You will testify in court, present evidence, and the judge will decide whether to grant asylum or order removal (or grant another form of relief if applicable). Defensive asylum cases are higher-stakes because a denial typically results in a removal order (subject to appeal). Attorney Chris is experienced in representing asylum seekers in court, vigorously defending their right to protection.

The Application and Evidence:

In all asylum cases, you will need to tell your story and provide evidence. A strong personal declaration is the heart of an asylum application – this is your written sworn statement explaining what happened to you (or what you fear will happen) and why. We spend significant time with our asylum clients helping them prepare their story in a detailed, coherent way. We also help clients gather corroborating evidence whenever possible. This can include: medical records of injuries, police reports or correspondence showing attempts to get help, threatening letters or messages from persecutors, news articles about the situation or about you, witness letters from family or friends who know what happened, and country condition reports. We use reputable sources like U.S. State Department Human Rights Reports, UNHCR guidelines, news reports, and NGO reports to document the general conditions in your country that support your claim (for instance, showing that people of your religion are indeed persecuted in that country, or that a civil war is ongoing in your region, etc.). Our attorneys know how to compile this evidence persuasively to strengthen your case.

Including Family Members:

When you apply for asylum, you can include your spouse and children (under 21 and unmarried) as derivatives on your application, so that they can also get asylum if your case is approved.

This is a great benefit – it means your immediate family here in the U.S. can all be protected through one application. If your spouse or kids are overseas, you cannot include them in the initial application, but if you are granted asylum, you can petition to bring them to the U.S. within two years by filing follow-to-join petitions. We will guide you in ensuring your family benefits from your asylum grant, handling the follow-to-join process for relatives abroad once you are asylee status.

Work Authorization:

Many asylum seekers are concerned about how to support themselves while the application is pending. By law, asylum applicants can apply for a work permit 150 days after their asylum application has been submitted, if the case is still pending. USCIS should then issue the work authorization once the application has been pending at least 180 days (this is often called the “180-day Asylum EAD clock”).

We help clients track this timeline and file for employment authorization as soon as they are eligible. Recent changes have improved the process – as long as you didn’t cause delays, you can get a work permit after about 6 months of waiting for your interview or hearing.

How We Can Help with Asylum:

Chris Hammond Law Firm provides compassionate, expert legal assistance to asylum seekers at every stage:

Personalized Case Evaluation: We will listen to your story in detail, in a safe and confidential setting. We are sensitive to the trauma many asylum seekers have experienced. We will identify the strengths of your case and any possible weaknesses or red flags and give you an honest assessment. If there are alternative immigration options available (for example, if you also qualify for a family visa or other status), we’ll discuss those as well, so you can make an informed decision.

Meeting Deadlines: We make sure to file your asylum application within the required one-year deadline. If you have passed that deadline, we carefully document any changed or extraordinary circumstances to excuse the late filing, referencing evidence and legal standards to give you the best chance.

Application Preparation: We will handle the completion and filing of Form I-589 and assemble a thorough asylum packet. This includes working with you to draft your personal affidavit, gathering all supporting documents, and preparing a legal brief or cover letter that outlines how your case meets the legal criteria for asylum. A well-organized submission can make a strong first impression on the asylum officer or judge.

Evidence Gathering: We tap into our extensive resources to gather country conditions evidence and, when necessary, expert testimonies (such as doctors, psychologists, or country experts who can provide reports on your behalf). We ensure translations are provided for any document not in English, and that everything is submitted per the required format.

Interview & Hearing Representation: If you have an interview at the asylum office (affirmative case), we will prepare you for the interview and attend the interview with you. We conduct mock interviews to practice telling your story and answering difficult questions, so you feel comfortable on the actual day. Our presence at the interview also provides moral support and we can clarify points or make closing statements if appropriate. If your case is in Immigration Court (defensive case), we will represent you throughout the court proceedings. This includes submitting legal briefs, responding to the Department of Homeland Security’s attorneys, and advocating for you at individual hearings. We will prepare you and any witnesses to testify in court, and we will question you in a way that lets you fully explain your situation to the judge. During the trial, we’ll make legal arguments addressing any issues (for example, if the government contests whether your experiences amount to “persecution” or whether your social group is legally cognizable, etc., we will argue the law and precedents that support your case).

Throughout the process, you will have an experienced advocate in your corner, ensuring your story is heard and your rights are protected. We know how high the stakes are in asylum cases – your life and safety are on the line – and we fight for you accordingly.

Discuss you case with Attorney Chris Hammond:

If you or a loved one is seeking asylum in the United States, don’t face this complex process alone. Contact Chris Hammond Law Firm for a confidential consultation. Our Houston-based immigration attorney will listen to your situation with compassion and determine the best strategy to secure your safety. Let us put our expertise to work for your peace of mind and a secure future.