A grant of asylum allows foreign nationals to remain legally in the United States when returning to their home country would expose them to persecution. Individuals who fear harm in their country of origin may apply for asylum either through U.S. Citizenship and Immigration Services (USCIS) or before an immigration judge in immigration court.
Many people seek asylum in the United States because the country offers strong protections for human rights and personal freedom. Those who are granted asylum may later become eligible to apply for lawful permanent residence (a green card) and eventually U.S. citizenship.
The attorneys at Behar International Counsel APC help clients prepare and present asylum cases, guiding them through each step of this complex legal process.
You may be eligible for asylum if you can demonstrate that you have suffered persecution in the past, or that you have a well-founded fear of persecution in the future, in your home country.
U.S. immigration law recognizes the following protected grounds:
Nationality
Race
Religion
Political opinion
Membership in a particular social group
If asylum is granted, you may be allowed to remain legally in the United States and receive protection from removal.
Persecution involves serious harm or threats directed at a person because of their identity, beliefs, or group membership. It can include physical violence, imprisonment, threats, discrimination, or other actions that cause significant emotional, mental, or physical suffering.
You do not always need to prove past persecution to qualify for asylum. You may still qualify if you can show that your fear of future persecution is reasonable and supported by objective evidence.
Strong documentation is essential to prove that your fear is genuine and that the danger is real.
Applying for asylum requires following specific legal procedures established by USCIS and immigration courts.
You must be physically present in the U.S. at the time you apply for asylum. Your manner of entry or current immigration status does not prevent you from applying.
In most cases, you must file your asylum application within one year of arriving in the United States.
Exceptions may apply if there are changed circumstances or extraordinary conditions that caused a delay.
To request asylum, you must complete and submit Form I-589, Application for Asylum and for Withholding of Removal.
This form must be filed within the required time limits or within a reasonable period after qualifying changes occur.
You must show that you meet the legal definition of a refugee.
A refugee is someone who cannot return to their country because of past persecution or a well-founded fear of future persecution.
A written personal statement describing your experience
Medical records documenting injuries or abuse
News reports about persecution of people in similar situations
U.S. Department of State country reports
Witness statements or other supporting documents
Providing false information can result in serious immigration consequences, including denial of your case and loss of eligibility for future benefits.
At Behar International Counsel APC, we help clients prepare strong, well-documented asylum applications that meet legal requirements.
In many cases, you may include your spouse and unmarried children under 21 years of age in your asylum application if they are in the United States at the time of filing or before a final decision is made.
Each case is different, so legal guidance is recommended to ensure your family members are properly included.
If your application is not approved, your case may be referred to immigration court.
You will receive a Notice to Appear (NTA), and an immigration judge will review your case and make a new decision independent of USCIS.
In court, you will have another opportunity to present evidence and arguments in support of your asylum claim.
Because removal proceedings are serious, it is important to have experienced legal representation.
Asylum can provide protection, safety, and the opportunity to build a new life in the United States.
However, the process can be complicated and requires careful preparation, strong evidence, and knowledge of immigration law.
The legal team at Behar International Counsel APC has extensive experience handling asylum and removal defense cases. We work closely with each client to develop a strategy, prepare documentation, and represent them throughout the process.
If you believe you may qualify for asylum, contact Behar International Counsel APC to discuss your situation and learn about your legal options.
