Asylum & Refugee Protection
Seeking safety and protection in the United States
One-Year Filing Deadline
You must file for asylum within one year of arriving in the United States unless you qualify for an exception. Don't wait - contact us immediately to protect your rights.
Protection from Persecution
The United States has a proud tradition of providing refuge to those fleeing persecution. At Vasquez Law Firm, we help individuals and families seek asylum and other forms of humanitarian protection. Our experienced attorneys understand the complexities of asylum law and will fight to protect you from being returned to danger.
Asylum is a form of protection granted to individuals who demonstrate that they cannot return to their home country because of persecution or a well-founded fear of persecution. Our Charlotte immigration attorneys have successfully represented asylum seekers from around the world, including Central and South America, Africa, Asia, and the Middle East. We understand the unique challenges each case presents and work tirelessly to build strong, compelling cases for our clients.
Why Choose Vasquez Law Firm for Your Asylum Case?
- Extensive experience with complex asylum cases and appeals
- Bilingual attorneys who understand cultural sensitivities
- Thorough preparation for asylum interviews and hearings
- Strategic approach to documenting and presenting persecution claims
- Compassionate support throughout the emotional asylum process
Grounds for Asylum
To qualify for asylum, you must demonstrate persecution or fear of persecution based on:
Protected Grounds
- • Race or ethnicity
- • Religion
- • Nationality
- • Political opinion
- • Membership in a particular social group
Types of Persecution
- • Physical violence or torture
- • Threats to life or freedom
- • Unlawful detention
- • Severe discrimination
- • Economic persecution
The Asylum Process
File I-589 Application
Submit detailed application with supporting evidence within one year
Biometrics Appointment
Fingerprinting and background check
Asylum Interview
Detailed interview with asylum officer about your claim
Decision
Grant, referral to immigration court, or notice of intent to deny
Immigration Court (if referred)
Full hearing before an immigration judge
Benefits of Asylum
- Work authorization (EAD) available after 150 days
- Include spouse and unmarried children under 21
- Apply for green card after one year
- Path to U.S. citizenship after five years
- Protection from return to country of persecution
Preparing a Strong Asylum Case
Success in asylum cases often depends on thorough preparation and compelling evidence. Our team works closely with clients to gather crucial documentation, including country condition evidence, medical records, police reports, witness statements, and expert testimony. We help you articulate your fear of persecution clearly and consistently, preparing you thoroughly for interviews and potential court hearings.
Understanding the Protected Grounds for Asylum
To qualify for asylum, persecution must be based on at least one of five protected grounds. Understanding these categories and how they apply to your situation is essential:
Race
Persecution based on racial identity, ethnicity, or membership in particular racial group.
Examples: Ethnic cleansing campaigns, systematic discrimination against minority races, race-based violence or threats, denial of fundamental rights based on race.
Religion
Persecution for religious beliefs, practices, or lack thereof (atheism/agnosticism).
Examples: Government persecution of religious minorities, forced conversion, prohibition of religious practice, attacks on places of worship, persecution for converting from dominant religion.
Nationality
Persecution based on country of origin, citizenship, or ethnic/linguistic/cultural groups.
Examples: Persecution of ethnic minorities within a country (Uyghurs in China, Rohingya in Myanmar), stateless persons, those from certain regions or with certain tribal/clan affiliations.
Membership in a Particular Social Group (PSG)
Broadest and most complex ground - group shares immutable characteristic or belief fundamental to identity.
Examples include:
- • LGBTQ+ individuals: Persecution for sexual orientation or gender identity
- • Domestic violence victims: Women unable to leave violent relationships (Matter of A-B- standard applies)
- • Gang violence targets: Individuals targeted by gangs for refusing recruitment or cooperation (complex - requires showing government inability/unwillingness to protect)
- • Female genital mutilation (FGM): Young girls at risk of FGM
- • Family members: Persecution based on family relationship (kin-based targeting)
- • Whistleblowers: Those who exposed corruption or testified against powerful groups
- • Former police/military: Targeted for past law enforcement roles
Political Opinion
Persecution for holding or being perceived to hold certain political beliefs.
Key concepts:
- • Actual opinion: Your real political beliefs or activism
- • Imputed opinion: Political opinion persecutor believes you hold (even if false)
- • Examples: Opposition party members, human rights activists, journalists, pro-democracy advocates, refusal to support government
Asylum vs. Withholding of Removal vs. CAT Protection
Three forms of protection exist for those facing persecution or torture. Each has different standards and benefits:
Asylum
- • Standard: 10% chance of persecution ("reasonable possibility")
- • One-year deadline: Must apply within 1 year of U.S. entry (exceptions exist)
- • Benefits: Green card after 1 year, citizenship after 5, derivative status for family
- • Travel: Can get refugee travel document
- • Voluntary return: Can visit home country (risks status)
Withholding of Removal
- • Standard: "More likely than not" (over 50%) persecution
- • No time limit: Can apply anytime
- • Benefits: Protection from removal to home country, work authorization
- • Limitations: No green card pathway, no family derivatives, no travel document
- • Status: Must renew work permit annually, remain in limbo status
CAT Protection
Convention Against Torture:
- • Standard: "More likely than not" torture by/with government consent
- • No protected ground: Doesn't require nexus to race, religion, etc.
- • Benefits: Protection from removal, work authorization
- • Limitations: No green card, no family derivatives, no travel
- • Removal to third country: Government can remove you to any safe country
Credible Fear & Reasonable Fear Interviews
Individuals apprehended at the border or in expedited removal proceedings must pass fear interviews to access asylum process. These interviews are critical first steps:
Credible Fear Interview (CFI)
For individuals in expedited removal (recently arrived at border without documents or with fraudulent documents):
- • When it happens: Shortly after apprehension at border or port of entry
- • Standard: "Significant possibility" of establishing asylum eligibility before immigration judge (lower than asylum standard)
- • Interview: Conducted by asylum officer while in CBP or ICE custody
- • If you pass: Placed in removal proceedings before immigration judge where you can apply for asylum
- • If you fail: Ordered removed; can request review by immigration judge within 7 days
- • Legal representation: Critical but not provided - family must retain attorney quickly
Reasonable Fear Interview (RFI)
For individuals with prior deportation orders or certain criminal convictions (subject to reinstatement of removal):
- • When it happens: After ICE issues notice of reinstatement of prior removal order
- • Standard: "Reasonable possibility" of persecution or torture (higher than credible fear)
- • If you pass: Can apply for withholding of removal or CAT protection (NOT asylum)
- • If you fail: Deported under reinstated order; limited review options
- • Challenges: More difficult standard, no asylum eligibility even if successful
Asylum Application Process & Timelines
The asylum process varies significantly depending on whether you apply affirmatively or defensively:
Affirmative Asylum (USCIS)
For individuals not in removal proceedings:
Submit within 1 year of U.S. arrival (or show changed/extraordinary circumstances)
Fingerprinting appointment (2-4 weeks after filing)
With asylum officer (currently 5-7 year wait in many locations due to backlog)
Granted, referred to court (if denied), or dismissal (if withdraw or no-show)
Defensive Asylum (Immigration Court)
For individuals in removal proceedings:
Submit I-589 to immigration court and serve on ICE attorney
Multiple preliminary hearings to set deadlines and trial date
Full evidentiary hearing where you testify, present witnesses and evidence. ICE attorney cross-examines and argues against your claim.
Grant asylum, withholding, CAT, or order removal. Both sides can appeal to BIA.
Work Authorization While Asylum Pending
Asylum applicants can apply for employment authorization (EAD) 150 days after filing complete application. USCIS has 30 days to adjudicate (though often longer in practice). EAD is valid for varying periods depending on case status and must be renewed if case remains pending.
Note: If application denied and you fail to depart within statutory period, or if asylum filed while in expedited removal, may be ineligible for EAD. Timely filing is critical.
Documentation We Help Gather
- • Country condition reports and news articles
- • Medical and psychological evaluations
- • Police reports and court documents
- • Witness affidavits and letters of support
- • Membership documents for targeted groups
- • Evidence of past persecution or threats
Interview Preparation
- • Mock interviews to practice testimony
- • Consistency review of all statements
- • Cultural context explanation
- • Trauma-informed interview techniques
- • Interpreter coordination if needed
- • Post-interview follow-up and advocacy
Alternative Forms of Protection
Withholding of Removal
Higher burden of proof but no one-year deadline
Convention Against Torture (CAT)
Protection from torture by government or with government acquiescence
Temporary Protected Status (TPS)
For nationals of designated countries experiencing ongoing conflict
Common Challenges in Asylum Cases
Asylum cases face numerous challenges that require experienced legal representation. Our attorneys are skilled at addressing credibility concerns, overcoming the one-year filing deadline through exceptions, establishing membership in particular social groups, and proving government inability or unwillingness to protect. We also handle complex issues like firm resettlement bars, criminal inadmissibility, and terrorism-related inadmissibility grounds.
Post-Asylum Benefits and Path to Citizenship
Once asylum is granted, you gain significant benefits and protections. You can immediately petition for derivative asylum for eligible family members still abroad. After one year as an asylee, you can apply for a green card (permanent residence). Five years after receiving your green card, you become eligible to apply for U.S. citizenship. Throughout this journey, our firm provides continued support, helping you navigate each step toward permanent security in the United States.
Asylum Success Statistics
94%
Success rate with attorney representation
150
Days until work permit eligibility
1 Year
Until green card eligibility
5 Years
Green card to citizenship
Your Story Matters
Every asylum case is unique. We'll help you tell your story effectively and gather the evidence needed to support your claim for protection.
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Seeking Protection?
Don't face the asylum process alone. Get experienced legal representation.
Free Case EvaluationCritical Deadlines
1 Year
To file asylum after arrival
150 Days
To apply for work permit
1 Year
After asylum to apply for green card