Asylum / Refugees - The Process for Applying for Asylum in the U.S.

Our law firm regularly represents persons seeking asylum in the United States.

All asylum applicants are required to testify before an asylum officer or Immigration Judge in support of their application for asylum. Traditionally, the most important evidence in asylum claims has been the personal testimony of the asylum applicant. Often personal testimony is the only type of evidence asylum applicants are able to offer. The courts have recognized why this is so - a person fleeing persecution typically does not have the time or ability to gather evidence of the persecution.

The REAL ID Act of 2005 increased the burden on asylum applicants to provide corroborating evidence (evidence from third parties) of their asylum claims. Under the REAL ID Act, even if the Immigration Judge finds an asylum applicant's testimony credible, the Immigration Judge may require that the applicant provide corroborating evidence of the asylum claim, or explain why gathering and presenting corroborating evidence was not reasonably possible.

Government reports, reports from human rights organizations, and news reports on conditions in an asylum applicant's home country qualify as corroborating evidence. Signed letters and statements from family members, friends, or other persons who have personal knowledge of the persecution or torture an asylum applicant suffered, or may suffer if forced to return home, also qualify as corroborating evidence. Other examples of corroborating evidence include expert opinions and medical reports.

It is crucial that asylum applicants prepare and present the best possible case when they appear before an asylum officer or Immigration Judge. Although an appeal may be possible in some cases, winning an appeal of the denial of an asylum case is a complex, lengthy process.

If you are afraid to return to your home country because you fear you will be harmed, tortured, or killed, please contact us.  We can analyze the specific facts and circumstances of your case and counsel you on your eligibility for asylum and other forms of relief from removal from the United States.  If you have a genuine fear of returning to your home country and are otherwise eligible, we can help you file an application for asylum, withholding of removal, and protection under the Convention Against Torture.  We can represent you before an asylum officer if you are filing an affirmative asylum application, or represent you in Immigration Court if you are in removal proceedings. If you are a national of a country that has been designated for temporary protected status, we can help you apply for Temporary Protected Status.