Asylum

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Asylum Attorneys In Kansas City, Missouri

Understanding Asylum

What Is Asylum?

Asylum is a form of protection for people who are in the United States and are afraid to return to their home country. To qualify for asylum, you must show that you have a well-founded fear of persecution in your country, and that the harm was or will be committed by either the government, or someone the government is unable or unwilling to protect you from. This persecution must be because of your race, religion, nationality, membership in a particular social group, or political opinion. A grant of asylum allows you to stay in the United States, receive an Employment Authorization Document (EAD), and eventually apply for permanent residency. If you are not eligible for asylum, there is a possibility you may be eligible for other forms of protection called Withholding of Removal or for protection under the Convention Against Torture.


Applying for Asylum

Asylum applications are filed by submitting a Form I-589 to either U.S. Citizenship & Immigration Services (“USCIS”) or the Immigration Court. If you are in removal proceedings (meaning you have a hearing scheduled with an immigration judge in immigration court), you will usually need to file the I-589 with the immigration court. There is an exception, however, for those deemed unaccompanied children (“UCs") at entry into the United States. UCs should usually file their asylum applications with USCIS even if they are in removal proceedings. They will need to provide proof to the immigration judge that they have done so.

If you are not in removal proceedings, you should file your I-589 with USCIS.



Generally, someone seeking asylum is required to file the Form I-589 with either the immigration court or USCIS within one year of entering the United States, though there are some limited exceptions to this requirement. You must also be sure to answer all questions on the application, and answer them honestly. Lying on an asylum application carries very severe consequences.

Call Martinez Immigration Law LLC at 816-491-8105 to schedule a consultation with a lawyer today.

Eligibility for Asylum

  1. Presence in the U.S.: You must be present in the U.S. or at a port of entry to the U.S.
  2. Timely Application: You must apply within one year of your arrival in the U.S. There are exceptions to this rule, such as changes in circumstances or extraordinary circumstances that prevented you from filing within the one-year period.
  3. Past Persecution or Well-Founded Fear of Persecution: You must show that you have a well-founded fear of persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion. You can meet this requirement by showing you were persecuted in the past or have a well-founded fear of being persecuted in the future if you return to your country.
  4. The Government’s Role: You must show that you were persecuted by the government in your country or that the government cannot or will not protect you from the people who persecuted you.
  5. Internal Relocation: You must show that you are not safe in any part of your country.
  6. No Firm Resettlement: You must not have been able to seek protection in another country before arriving in the U.S.

Application Process

  • Biometrics Appointment: After you file your asylum application, you will receive a notice to attend a biometrics appointment with USCIS, to take your fingerprints and photograph.
  • Work Authorization: If your asylum application is pending for more than 150 days, you may be eligible to apply for an EAD. This allows you to work while your application is processed.
  • Family Members: You can include your spouse and children on your asylum application.
  • Backlog: The asylum process can be lengthy, with significant delays due to a backlog of cases. After submitting your asylum application, it will likely take several years before USCIS or the immigration court makes a decision about your case.
  • After Approval: If your application is approved, you will be granted asylum status, which allows you to work and live in the U.S. After one year, people who receive asylum can apply for permanent residency.


Asylum law involves complex and ever-changing legal standards and definitions. The asylum process has strict deadlines and procedural requirements. Asylum applicants must comply with these rules and present their case before an immigration officer or judge. Because the asylum applicant’s life may be in danger if they return to their country, the stakes can be life or death.


An experienced attorney knows how to interpret these legal standards and apply them to a specific case. Attorneys ensure that all deadlines are met, and procedural rules are followed. A successful asylum claim often depends on the quality of evidence presented, including testimony, country condition reports, and expert opinions. Attorneys assist in gathering, organizing, and presenting this evidence effectively to strengthen the applicant’s case. Our attorneys are experienced in developing legal strategies in asylum cases, meeting deadlines and other requirements, presenting evidence, and navigating challenges in the process. They are available to help you through every step of the way.


Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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