Practice areas
Asylum: who qualifies and what the one-year deadline really means
Affirmative asylum applications and defensive claims in immigration court.
Consultations by phone, Zoom or WhatsApp, in English, Spanish or Portuguese.
Short answer
Asylum protects people who cannot return home because of persecution based on race, religion, nationality, political opinion or membership in a particular social group. You normally must apply within one year of arriving, though there are exceptions for changed and extraordinary circumstances. A work permit becomes available 150 days after a complete application is filed.
Seek protection based on persecution, and understand your real odds first.
Who qualifies?
You fear persecution on a protected ground
General violence or poor economic conditions alone do not qualify, however genuine the danger feels.
Your government cannot or will not protect you
Persecution by gangs or family can qualify if the state will not intervene.
You applied within one year, or an exception applies
Changed country conditions, serious illness and lapses in lawful status can excuse a late filing.
You have evidence, or a credible account
Country reports, medical records, police reports and witness statements all matter.
Schedule a case evaluation
Tell us your situation. We will tell you honestly whether you have a case.
Schedule Free Case EvaluationWe reply within 1 business day, in English, Spanish or Portuguese.
Do you qualify? A four-question check
Do you qualify? A four-question check
Four questions about the core requirements.
What does the process look like?
Screening and declaration
3 to 6 weeks
We build your written declaration carefully, it is the spine of the case.
File the I-589
Within the one-year deadline
Affirmatively with USCIS, or with the court if you are in proceedings.
Work permit
Month 5 onward
Filed once the clock reaches 150 days.
Interview or merits hearing
1 to 4 years
Full preparation, including practising cross-examination.
How long does it take?
Affirmative asylum interviews are currently scheduled anywhere from several months to several years after filing. Court-based claims follow the immigration court calendar, commonly two to four years.
What does it cost?
Quoted in stages, because the work is front-loaded.
The declaration and evidence package is the largest part of the work and is quoted first. The interview or hearing stage is quoted separately, so you are never asked to pay for a hearing that has not been scheduled.
Frequently asked questions
Sometimes. Changed circumstances in your country, a serious medical issue, or maintaining lawful status can excuse the delay. Withholding of removal has no time limit.
Contact
Tell us about your case
Send us the basics and we'll reply within one business day in English, Spanish or Portuguese.
- We reply within one business day, in English, Spanish or Portuguese.
- Consultations by phone, Zoom or WhatsApp.
- Attorney input is part of our case evaluation process from the start. The information you share is carefully reviewed with an attorney.
Take the Next Step Today
Whether you need help with a visa, a green card, or deportation defense, we're ready to help.
Reach out to our trusted immigration law attorneys in Coral Springs and South Florida.