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Asylum

Asylum, withholding and protection under the Convention Against Torture

Asilo

If you are afraid of being harmed in your country, the law may protect you. We take your story slowly, in your language, and prepare it with care.

This page is for you if

  • You left your country because you were harmed or threatened
  • You are afraid of what will happen to you if you are sent back
  • You arrived less than a year ago and have not applied for anything yet
  • You had a credible fear interview at the border

In plain words

Asylum protects people who were harmed, or fear harm, because of their race, religion, nationality, political opinion, or membership in a particular social group. The harm has to come from the government, or from people the government cannot or will not stop.

There are two ways to ask. If you are not in court, you apply with USCIS and go to an interview. This is called affirmative asylum. If you are already in removal proceedings, you ask the immigration judge. This is called defensive asylum.

Most people must apply within one year of arriving in the United States. There are narrow exceptions. If you are close to that date, or past it, talk to a lawyer now. Two related protections, withholding of removal and protection under the Convention Against Torture, have no one-year deadline but are harder to win.

How it works with us

  1. 1 A private first conversation We listen. You do not have to share everything on the first call, and you can ask for a woman or a man to interview you.
  2. 2 Check the deadline We work out your one-year date and whether any exception applies, then put the filing on a calendar.
  3. 3 Your declaration Your story, in your words, written over several meetings with an interpreter you trust.
  4. 4 Evidence and country reports Documents, medical or police records, letters from witnesses, and reports about conditions in your country.
  5. 5 Interview or hearing We practice with you, in your language, until the questions feel familiar. Then we are there with you.

Start gathering

What to bring to your evaluation

  • Your passport or national ID and any travel documents
  • Anything that shows what happened to you: reports, photos, messages, medical records
  • Names of people who know what happened and how to reach them
  • The date you arrived in the United States and any papers from the border

Copies or phone photos are fine. Never mail us your only original.

The honest part

What we will not pretend

  • Asylum is hard to win and the rules change often. Many strong-feeling cases do not meet the legal test, and we will tell you if yours may not.
  • Missing the one-year deadline can close the door to asylum, though other protections may remain.
  • A false or exaggerated story can ruin a case and lead to a permanent bar. We only file what is true.

Questions people ask us

All questions
Can I work while my asylum case is pending?

In most cases you can apply for a work permit after your asylum application has been pending for a set number of months. We tell you your date and file the request when you become eligible.

Will my government find out I applied?

Asylum applications are confidential. The U.S. government does not share them with the government of your country.

What if I already have a removal order?

You may still have options, such as a motion to reopen based on changed conditions in your country. These are difficult and time-sensitive, so call us soon.

This page is general information, not legal advice for your situation. Immigration law changes often. Talk to a lawyer about your own facts before you act.

Free case evaluation

Talk to a lawyer about your case.

The first 30-minute case evaluation is free, by phone, video or in person, in English or Spanish.

Urgent

Someone detained, or a court date soon?

(704) 555-0119

Answered 24 hours a day, in English and Spanish.

What to do right now

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We are lawyers, not notarios

We are lawyers, not notarios. In the United States a notary public cannot give legal advice or file your immigration case. At Amparo, every case is handled by a licensed attorney.

Somos abogados, no notarios. Ask anyone who offers to help with your case for their bar number, and check it with the state bar.

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