When returning home is not a safe option
People arrive at the decision to seek asylum in very different ways. Some leave their country because they have already been threatened, attacked, arrested or targeted. Others come to the United States for an ordinary visit and circumstances change after they arrive. A government changes. A war begins. Political activity becomes dangerous. Religious beliefs become public. A family or social group becomes a target.
The legal case has to explain those facts clearly and support them with evidence. That usually means much more than completing Form I-589. We work through the client's history, identify the events that matter legally, look for inconsistencies before the government does, and organize documents and testimony so the case tells one truthful, coherent story.
Affirmative asylum and defensive asylum are different proceedings
An affirmative asylum application is generally handled by USCIS when the applicant is not in removal proceedings. A defensive asylum application is litigated in Immigration Court when asylum is being requested as protection from removal. The underlying fear of return may be the same, but the procedure, preparation and setting are different.
In Immigration Court, the asylum case exists inside removal proceedings. The Immigration Judge considers the application and evidence, and the government is represented in the proceeding. That makes preparation for testimony and the documentary record especially important.
What we look at before an asylum case is filed
We begin with the timeline. When did you enter the United States? What happened before you left? What happened afterward? Who threatened or harmed you, and why? Were there reports to police or other authorities? Are there medical records, messages, photographs, court papers, membership records, witness statements or other documents that support what happened?
We also compare the asylum story with the rest of the immigration record. Prior visa applications, statements at the border, earlier immigration filings and interviews can become important later. A discrepancy is much easier to address when it is discovered during preparation than when it first appears in an interview or courtroom.
Asylum generally must be filed within one year after arrival in the United States unless an exception applies. If you are close to the deadline, or believe you may already have missed it, the timing should be reviewed promptly rather than assumed to be fatal or ignored.
Asylum in Immigration Court
If you have received a Notice to Appear or already have an Immigration Court hearing, do not treat the asylum application as a separate paperwork project. The court case itself needs attention. Hearing dates, filing deadlines, evidence and possible forms of relief all have to be considered together.
Our removal-defense practice includes defensive asylum as well as related protection such as withholding of removal and protection under the Convention Against Torture when the facts support those claims. You can read more about our deportation and removal defense representation.
Entered with a tourist visa and later decided to seek asylum?
A later asylum application does not by itself explain what a person intended when applying for a visitor visa or entering the country. For clients who entered on B1/B2 visas, the chronology can be particularly important. We review what was represented before entry, what changed afterward, and whether later filings are consistent with the actual history.
We discuss this issue in more detail in our article on B1/B2 visa revocation and asylum applicants.
Preparing for an asylum consultation
You do not need to arrive with a perfectly organized case. Bring what you have: passports, I-94 records, immigration notices, prior applications, court papers, police or medical records, threatening messages, photographs, and documents connected to political, religious or other activity relevant to the claim. If something important is missing, we can identify it during the review.
Most importantly, be prepared to talk about the difficult parts of the history as well as the strong ones. Good preparation is not about making a story sound better. It is about understanding the complete record before the government begins asking questions about it.
Brooklyn office, representation beyond Brooklyn
Meyerovich & Associates P.C. is based in Brooklyn and serves clients in New York, New Jersey and Pennsylvania, as well as clients in federal immigration proceedings nationwide. Consultations are available in multiple languages, including Russian, Ukrainian, Georgian, Tajik, Uzbek, Turkmen and Spanish.