An asylum immigration lawyer is a licensed attorney who specializes in representing individuals fleeing persecution in their home countries, helping them steer the complex legal process to obtain humanitarian protection and legal status in the United States. These lawyers prepare asylum applications, gather evidence, represent clients in immigration court, and advocate for those facing removal proceedings.
Quick Answer: What Does an Asylum Immigration Lawyer Do?
If you’re facing persecution in your home country because of who you are, what you believe, or the community you belong to, the stakes couldn’t be higher. One immigration attorney shared: “When someone asks me, ‘What are some of the major things I’ve worked on?’ Well, I’ve argued before the Supreme Court, I’ve won major cases that have changed California law, but anytime someone asks me what I’m most proud of, I think of my experience obtaining asylum for that young man from Ghana.”
The asylum process is not just paperwork—it’s your path to safety and a future free from fear. But the legal requirements are strict, the timelines are unforgiving, and mistakes can be catastrophic. The U.S. Immigration and Nationality Act (INA) requires that you prove a reasonable fear of persecution, demonstrate that your home country cannot or will not protect you, and file within one year of arriving in the United States (with limited exceptions).
For LGBT individuals and couples, the challenges are even more complex. Your asylum claim may be based on your sexual orientation or gender identity as a “particular social group”—a category that immigration officers and judges don’t always understand or accept without compelling evidence. You need a lawyer who not only knows asylum law but also understands the unique cultural and legal problems you face.
This guide will walk you through everything you need to know about finding, vetting, and working with an asylum immigration lawyer who can protect your rights and your future.
When you’re fleeing persecution, understanding the legal framework that can protect you isn’t just academic—it’s the difference between safety and danger. Asylum law exists as a humanitarian lifeline, both internationally and within the United States, for people whose lives, freedom, or safety are at serious risk in their home countries.
At the heart of asylum law is a concept called “well-founded fear” of persecution. This isn’t just being worried or anxious about returning home. It means having a genuine, reasonable fear that a person in your circumstances would share. The legal standard is surprisingly accessible: even a 10% chance of persecution can be enough to establish a well-founded fear. You don’t need to prove that persecution is certain or even likely—just that it’s a real possibility you shouldn’t have to face.
But not every danger qualifies for asylum protection. The persecution you fear must be connected to one of five protected grounds recognized under the U.S. Immigration and Nationality Act (INA) and international refugee law. These are race (including your ethnicity, ancestry, or racial group membership), religion (your beliefs, practices, or even lack of religious faith), nationality (your citizenship, national origin, or membership in a particular national group), political opinion (holding, expressing, or being perceived to hold views that differ from your government or dominant political groups), and membership in a particular social group.
That last category—particular social group—is often the most complex, but it’s also the most expansive. It can include people persecuted because of inherent characteristics they cannot or should not be forced to change. This covers gender, sexual orientation, family ties, and sometimes even certain occupational groups. For LGBT individuals, this ground becomes especially important, as your identity itself can be the reason you face persecution.
There’s another critical requirement: your home country’s government must be unable or unwilling to protect you from the persecution you fear. This concept of failed state protection is central to asylum law. If your government could protect you but chooses not to, or if it lacks the capacity to do so, that strengthens your asylum claim.
While other countries like Canada have additional categories like “Convention refugee” or “person in need of protection” under their specific laws, the core principle remains the same everywhere: providing safety to those fleeing persecution. An experienced asylum immigration lawyer can help you understand how these international and national legal frameworks apply to your specific situation.
Meeting the basic definition of a refugee is just the starting point. U.S. asylum law has several specific requirements you’ll need to satisfy, and understanding them upfront can save you from costly mistakes.
First, you must be physically present in the United States or at a port of entry when you apply. This is important: you can apply for asylum regardless of how you entered the country. Whether you came on a valid visa that later expired, crossed the border without inspection, or arrived at an airport, you still have the right to seek asylum based on your fear of persecution.
The well-founded fear standard we discussed earlier is central to proving your case. You’ll need to demonstrate that the harm you fear is specific to you—what immigration law calls a “personalized risk”—and not just general violence or hardship that affects everyone in your country. This is where your personal story, supported by evidence, becomes crucial.
Proving lack of state protection means showing that your government either can’t or won’t protect you from persecution. Sometimes this is straightforward—perhaps your government is the one persecuting you. Other times it’s more subtle, like when police refuse to investigate crimes against people in your situation, or when laws exist on paper but aren’t enforced in practice.
The one-year filing deadline catches many people off guard. Generally, you must file Form I-589 within one year of your last arrival in the United States. This rule has limited exceptions, such as changed circumstances in your home country that materially affect your eligibility, or extraordinary circumstances that prevented you from filing on time. Missing this deadline doesn’t automatically disqualify you, but it adds significant complications that require careful legal navigation.
Finally, you must not have any bars to asylum in your background. Certain factors can disqualify you entirely, such as having persecuted others yourself, being convicted of a particularly serious crime in the U.S., posing a danger to U.S. security, or having firmly resettled in another country before coming to the United States. Some people also face bars related to providing material support to terrorist organizations, even if that support was coerced. An asylum immigration lawyer will carefully review your history to identify any potential bars and determine whether exceptions or alternative forms of relief might be available.
Meeting the credible fear standard is particularly important if you’re arriving at a port of entry or are in expedited removal proceedings. You’ll need to convince an asylum officer that you have a significant possibility of establishing eligibility for asylum in a full hearing. This initial screening can determine whether you get a chance to present your full case or face immediate deportation.
Not all asylum cases follow the same path. The way you apply for asylum—and where your case is heard—depends largely on your current immigration status and how you came into contact with immigration authorities.
Affirmative asylum is the proactive route. If you’re already in the United States but haven’t been placed in removal (deportation) proceedings, you can file Form I-589 directly with U.S. Citizenship and Immigration Services (USCIS). This path typically involves an interview with an asylum officer in a non-adversarial setting—there’s no government attorney arguing against you, and the atmosphere is generally less stressful than a courtroom. One significant advantage is that if USCIS denies your application, you get a second chance: your case is referred to immigration court where you can present it again before a judge. Many people find the affirmative process less intimidating, though it still requires thorough preparation and compelling evidence.
Defensive asylum is exactly what it sounds like—you’re defending yourself against deportation by claiming asylum. This happens when you’re already in removal proceedings before the Executive Office for Immigration Review (EOIR), which oversees immigration courts. You might end up in this situation if you were arrested by immigration authorities, detained at a border or airport without proper documents, or if your affirmative asylum application was denied and referred to court. In defensive proceedings, you present your asylum claim to an immigration judge while a government attorney argues for your removal. The courtroom setting is more formal and adversarial, deadlines are strict, and the stakes feel even higher.
The strategic differences between these pathways are significant. Affirmative cases generally move more slowly, which can be frustrating but also gives you more time to gather evidence and prepare. Defensive cases in immigration court often move faster, with multiple hearings scheduled over several months. The legal standards are the same, but the presentation and atmosphere are entirely different.
Whether you’re pursuing affirmative or defensive asylum, having an asylum immigration lawyer who understands both systems can make all the difference. They can help you prepare your personal narrative, gather the right evidence, and present your case in the most compelling way possible—whether that’s in a quiet USCIS office or a formal immigration courtroom.
The U.S. asylum process isn’t a quick journey—it’s a complex path that can take months or even years to steer. But understanding what lies ahead can help ease some of the uncertainty. Each stage has its own requirements, timelines, and decision-makers, and missing a deadline or filing something incorrectly can have serious consequences for your case.
That’s why working with an asylum immigration lawyer from the start can make such a profound difference. They’ll guide you through each procedural step, ensure you meet every deadline, and help you present the strongest possible case for protection.
Your asylum journey begins with filing Form I-589, the Application for Asylum and for Withholding of Removal. This isn’t just paperwork—it’s the foundation of your entire case. In this form, you’ll detail your personal story, explain exactly why you fear returning home, and describe the persecution you’ve faced or fear you’ll face. Every detail matters. Accuracy and completeness are critical because immigration officers and judges will scrutinize this document carefully. The good news? There’s no filing fee for this application.
If you arrive at a U.S. port of entry or are apprehended soon after entering the country and tell officials you’re afraid to return home, you’ll undergo what’s called a Credible Fear Interview. This is a preliminary screening conducted by an asylum officer to determine whether you have a “significant possibility” of establishing eligibility for asylum. It’s not the final decision, but it’s an important threshold. If you pass, your case moves forward to an immigration judge for defensive asylum proceedings. If you don’t pass, you may face expedited removal—though you have the right to appeal that decision to an immigration judge.
For those who file affirmatively (meaning you’re not currently in removal proceedings), you’ll eventually have an asylum interview with a USCIS asylum officer. This interview is confidential and gives you the chance to tell your story in person, answer questions, and present supporting evidence. Your asylum immigration lawyer will spend significant time preparing you for this moment—reviewing potential questions, helping you practice your testimony, and ensuring you feel as confident as possible walking into that room.
One of the most pressing concerns for asylum seekers is simply being able to work and support themselves while waiting. Under the 150-day rule, you can apply for an Employment Authorization Document (EAD, using Form I-765) once 150 days have passed since you filed a complete asylum application—as long as your application is still pending and no decision has been made. This work permit can provide much-needed financial stability during what can be a lengthy waiting period.
After your interview or court hearing, you’ll receive a decision. If you filed affirmatively, the asylum officer will either grant asylum, deny it, or refer your case to an immigration judge for defensive proceedings (if they believe you don’t qualify but you’re otherwise removable). In defensive cases, the immigration judge makes the final call.
If you’re granted asylum, congratulations—but your journey isn’t quite over. After one year of having asylum status, you become eligible to apply for a Green Card through Adjustment of Status. This step, authorized by the Immigration and Nationality Act (INA), moves you toward permanent residency and long-term stability in the United States. Learn more about Asylum and Refugee Services and how we can support you through this entire process.
You can also petition for certain immediate family members—your spouse and any unmarried children under 21—to join you in the U.S. by filing Form I-730, the Refugee/Asylee Relative Petition. This form must generally be filed within two years of your asylum grant, and like the I-589, it’s fee-exempt.
| Key Aspect | Details |
|---|---|
| Legal Definition | Humanitarian relief for foreign nationals in the U.S. who have a well-founded fear of persecution in their home countries based on one of five protected grounds. |
| Application Type | Affirmative asylum (proactive application with USCIS) or Defensive asylum (during removal proceedings with EOIR/Immigration Court). |
| Main Form | Form I-589, Application for Asylum and for Withholding of Removal (no filing fee). |
| Key Agencies | U.S. Citizenship and Immigration Services (USCIS) for affirmative cases; Executive Office for Immigration Review (EOIR) and Immigration Courts for defensive cases. |
| Appeal Body | Board of Immigration Appeals (BIA); decisions can be further appealed to Federal Circuit Courts. |
| Work Permit Timeline | Can apply for an Employment Authorization Document (EAD) 150 days after filing a complete asylum application, provided the case is still pending. |
| Path to Permanent Residency | Eligible to apply for a Green Card through Adjustment of Status one year after being granted asylum. |
Understanding these steps is one thing—actually navigating them successfully is another. That’s where having an experienced legal advocate becomes invaluable.
When you’re fleeing persecution, the last thing you need is to face a confusing legal maze alone. Yet that’s exactly what the asylum process can feel like—overwhelming, technical, and unforgiving of mistakes. This is where an asylum immigration lawyer becomes your lifeline.
Think of your lawyer as more than just someone who fills out forms. At The Nemecek Firm, Ltd., we see our role as being your guide through unfamiliar territory, your advocate when you need a voice, and your protector when the system feels stacked against you. We start with a thorough case assessment, sitting down with you to understand your story in detail. What happened to you? Why did you have to leave? Which of the five protected grounds—race, religion, nationality, political opinion, or membership in a particular social group—applies to your situation? These aren’t just academic questions. The answers shape your entire legal strategy.
Once we understand your case, we help you gather the evidence that will make or break your claim. This isn’t like collecting documents for a driver’s license. Your personal testimony is often the heart of your case—your own words explaining what you experienced and what you fear. But testimony alone usually isn’t enough. We help you find people who can provide affidavits backing up your story. We track down country condition reports from human rights organizations that document the dangers you’re describing. We collect news articles that show the world what’s really happening in your home country.
For many of our clients, the persecution they’ve endured leaves scars—both visible and invisible. Medical records documenting physical injuries and psychological evaluations from mental health professionals can be powerful evidence. We also help you gather proof of identity and evidence of your membership in the group that’s being targeted, whether that’s political party documents, religious community letters, or other materials that establish who you are and why you’re at risk.
Crafting your personal narrative is both an art and a science. Your story needs to be clear, consistent, and compelling—but it also needs to meet specific legal requirements. We work closely with you to present your experiences in a way that’s truthful and legally sound. It’s a delicate balance, and it matters deeply. You can learn more about how we approach these critical steps on our Asylum and Refugee Services page.
Preparing for hearings is another area where having a lawyer makes all the difference. Whether you’re facing a credible fear interview at the border, an asylum interview at a USCIS office, or a full hearing before an immigration judge, we make sure you’re ready. We review the questions you’re likely to face. We help you practice telling your story in a way that’s both emotionally authentic and legally effective. And when the day comes, we’re there beside you—making legal arguments, presenting evidence, cross-examining witnesses if needed, and protecting your rights at every turn.
The challenges go beyond just the legal technicalities. Many of our clients face language barriers that make it hard to communicate their experiences accurately. We ensure qualified interpreters are present so nothing gets lost in translation. There’s also the emotional strain of reliving traumatic experiences and navigating a system in a country where everything feels foreign. We understand that you’re not just a case file—you’re a person who’s been through something terrible and deserves compassion along with competent legal representation.
The strength of your asylum claim depends heavily on the evidence you can present. Every case is different, but there are common types of documentation that immigration officers and judges look for.
Your personal testimony is usually the foundation. This is your detailed account of what happened to you, what you witnessed, and what you fear will happen if you return. It’s often the most important piece of evidence, but it can’t stand alone.
Affidavits or witness statements from people who know your story add credibility. These are sworn statements from family members, friends, colleagues, or others who can confirm what you’ve experienced or the dangers you face.
Country condition reports from governments, human rights organizations like Amnesty International or Human Rights Watch, or academic institutions provide context. They document the broader patterns of persecution, violence, or discrimination in your home country that support your individual claim.
News articles from reputable sources can corroborate specific events you’re describing or show the general conditions affecting people like you. They help demonstrate that your fear isn’t just personal paranoia—it’s based on real, documented dangers.
If you’ve been physically harmed, medical records documenting injuries are crucial. Similarly, psychological evaluations from mental health professionals can show the emotional and mental impact of persecution or trauma. These assessments can be particularly powerful in demonstrating the ongoing effects of what you’ve endured.
Proof of identity—birth certificates, passports, national ID cards—establishes who you are. And membership evidence shows your connection to the group being persecuted, whether that’s a political party card, religious community letter, photos from events, or publications you’ve written.
Gathering all this documentation can feel impossible, especially when you’ve fled your country with little more than the clothes on your back. That’s exactly why working with an asylum immigration lawyer who knows what’s needed and how to find it makes such a difference.
Some asylum claims require specialized knowledge because they involve forms of persecution that aren’t always well understood by immigration officials. We have particular experience with several of these complex situations.
Gender-based claims are one area where specialized expertise matters enormously. Women around the world face persecution rooted in cultural practices or gender-specific violence. This includes female genital mutilation (FGM), forced marriage, domestic violence where the government won’t intervene, or persecution for refusing to follow oppressive dress codes or social restrictions. These claims typically fall under the “particular social group” category, but proving them requires understanding both the legal framework and the cultural context. We help our clients articulate how these experiences constitute persecution under U.S. asylum law.
LGBTQ+ individuals face unique challenges in asylum claims. In many countries, being gay, lesbian, bisexual, transgender, or gender non-conforming can lead to imprisonment, violence, or death. These claims are also typically based on membership in a “particular social group,” but they require sensitive handling and specific types of evidence. We understand the prejudices and dangers faced by the LGBTQ+ community globally, and we’re committed to fighting for your safety. Our firm has developed specific expertise in this area, which you can learn more about on our LGBTQ Immigration Lawyer page.
Political opinion claims involve people who hold—or are perceived to hold—beliefs that put them at odds with their government. This might include activists, journalists, opposition party members, or even ordinary citizens who got caught up in political violence. The challenge is connecting your political activities or affiliations to a genuine, well-founded fear of persecution. We help build compelling cases by gathering evidence of both your political involvement and the specific threats you face because of it. For more information on how we handle these cases, visit our Political Asylum Attorney page.
These special cases show why a one-size-fits-all approach to asylum law doesn’t work. You need an asylum immigration lawyer who understands the specific legal precedents, evidentiary requirements, and cultural sensitivities that apply to your particular situation. That specialized knowledge can mean the difference between approval and denial—between safety and being sent back to danger.
When you’re searching for the right asylum immigration lawyer, you’re not just hiring someone to fill out forms—you’re choosing a partner who will stand beside you during one of the most critical moments of your life. We know the search itself can feel overwhelming, especially when you’re already carrying so much weight on your shoulders.
The truth is, not all immigration lawyers are created equal. Some handle a little bit of everything, while others focus exclusively on asylum and refugee protection. You need someone who knows this area of law inside and out, someone who has walked this path with clients just like you. Experience in asylum law matters tremendously—the landscape changes constantly, and what worked five years ago might not work today.
Specialization is your friend here. When you’re looking at potential lawyers, check how much of their practice is devoted to asylum cases. Have they represented clients with situations similar to yours? Do they have experience with gender-based claims, LGBTQ+ asylum cases, or political persecution? These details matter because asylum law is incredibly nuanced, and specialized knowledge can make the difference between approval and denial.
Client testimonials offer a window into what working with a lawyer will really be like. Don’t just look at what they say about themselves—see what their actual clients have experienced. Were they responsive? Compassionate? Did they fight hard when things got difficult?
Here’s something that cannot be stressed enough: always work with a licensed attorney. In some communities, you might encounter “notarios” or immigration consultants who promise to help with your case for less money. These individuals are not lawyers, cannot provide legal advice, and often cause devastating harm to asylum cases. The damage they do can be irreversible. You can verify any attorney’s credentials through your state bar association—it takes just a few minutes and could save your case.
The consultation process is your chance to interview potential lawyers before making a decision. Most immigration attorneys offer initial consultations, and this meeting is as much for you to evaluate them as it is for them to assess your case. Come prepared with questions and a brief outline of your situation.
Finding qualified legal help starts with knowing where to look. The American Immigration Lawyers Association (AILA) maintains a directory where you can search for lawyers by specialty, language, and location. This is one of the most reliable starting points because AILA membership signals a commitment to immigration law.
Your state bar association is another essential resource. Every state has one, and they can tell you whether a lawyer is licensed and in good standing. If someone has been disciplined or had complaints filed against them, this information should be available through the bar.
Personal recommendations carry weight. If you know others in your community who have been through the asylum process, ask who represented them. Word-of-mouth referrals often lead to the best matches because you’re hearing from someone who has actually experienced the lawyer’s work firsthand.
During your consultation, come with thoughtful questions. Ask about their experience specifically with asylum cases. How many have they handled? What types of persecution have their clients faced? What’s their approach to cases like yours? Don’t be afraid to ask about outcomes, though remember that every case is unique and past success doesn’t guarantee future results.
Pay attention to communication style and accessibility. Your lawyer should explain things in language you understand, not drown you in legal jargon. If English isn’t your first language, ask how they handle interpretation—will they provide a qualified interpreter for meetings and hearings? Can they communicate with you in your preferred language?
Fee structure transparency is non-negotiable. You should receive a clear, written explanation of what services cost, what’s included, and what might incur additional fees. If a lawyer is vague or evasive about money, that’s a red flag.
Let’s talk honestly about money. Hiring an asylum immigration lawyer requires an investment, and we understand that for many asylum seekers, finances are incredibly tight. You may have arrived with little more than the clothes on your back. You might not have work authorization yet. The idea of paying legal fees can feel impossible.
Legal fees for asylum cases vary widely based on complexity, the lawyer’s experience level, and where you’re located. Some cases are relatively straightforward, while others involve multiple family members, complicated evidence gathering, or prior immigration violations that need to be addressed. All of these factors influence cost.
At The Nemecek Firm, Ltd., we believe that financial hardship shouldn’t stand between you and competent legal representation. That’s why we’ve built our practice around affordable representation across the U.S. and abroad, including from our Columbus, Ohio office. We offer flexible payment options designed to make quality legal help accessible—interest-free payment plans, monthly installments, or milestone payments that spread the cost over time rather than requiring everything upfront.
Beyond private law firms, legal aid resources exist specifically to help asylum seekers. Many non-profit organizations and legal aid societies provide free or low-cost immigration services to those who qualify financially. Organizations throughout the country partner with community groups to offer legal screenings, know-your-rights presentations, and full representation for eligible individuals.
University legal clinics represent another valuable resource. Law schools often operate immigration clinics where students work under the supervision of experienced attorneys to provide services at reduced rates or completely free. These clinics give law students real-world experience while serving those who need help most.
Some private attorneys also take on asylum cases pro bono—meaning for free—as part of their commitment to public service and social justice. While pro bono opportunities are limited and in high demand, it’s worth asking potential lawyers if they have any pro bono capacity or can refer you to someone who does.
We won’t sugarcoat it: demand for free and low-cost legal services far exceeds availability. You may encounter waitlists or find that you don’t meet certain eligibility criteria. That’s why we encourage you to reach out to multiple organizations simultaneously and inquire about their application processes. Don’t wait—the one-year filing deadline for asylum applications doesn’t pause while you’re searching for affordable help.
The investment you make in qualified legal representation isn’t just about paperwork and court dates. It’s about your safety, your future, and possibly your life. We’ve seen too many cases damaged or destroyed by people trying to steer this system alone or with unqualified help. The right asylum immigration lawyer doesn’t just fill out forms—they become your advocate, your guide, and your voice in a system that can feel impossibly complex and impersonal.
Receiving a denial on your asylum claim can feel like the world is crashing down around you. We understand—you’ve poured your heart into sharing your story, gathered evidence, and placed your hopes in the legal system. But here’s what we need you to know: a denial is not necessarily the end of your journey to safety. There are pathways forward, and an experienced asylum immigration lawyer can help you explore every available option.
Asylum claims can be denied for various reasons. Sometimes it’s because the evidence presented wasn’t strong enough to prove a “well-founded fear” of persecution. Other times, it might be because the one-year filing deadline wasn’t met and no valid exception could be established. Immigration officials might conclude that your fear doesn’t rise to the legal standard required, or they may determine that one of the statutory bars to asylum applies to your case. Understanding why your claim was denied is the crucial first step in deciding what comes next.
The appeal process differs depending on where your case was denied. If USCIS denied your affirmative asylum application and you don’t have another legal status in the U.S., your case will typically be referred to an immigration judge. This isn’t a punishment—it’s actually another opportunity. You’ll have the chance to present your case again in immigration court, this time in what’s called defensive asylum proceedings. Think of it as a second chance to make your case, often with more time to gather additional evidence and refine your legal arguments.
If an immigration judge denies your asylum claim, you generally have the right to appeal to the Board of Immigration Appeals (BIA). This is a panel of immigration law judges who review the trial judge’s decision to see if any legal errors were made. You must file your appeal within 30 days of the judge’s decision—this deadline is strict, so acting quickly is essential. The BIA doesn’t rehear your entire case; instead, they examine whether the law was applied correctly in your situation.
Should the BIA deny your appeal, there’s still another level: judicial review in federal court. You can petition the U.S. Circuit Court of Appeals to review your case. This is highly technical legal territory that focuses on whether the BIA made errors in applying the law. It’s not about retelling your story or presenting new facts—it’s about legal precision and constitutional principles.
Beyond the appeal process, there are alternative forms of protection that might be available to you even if asylum is denied. Withholding of Removal is similar to asylum but requires a higher standard of proof. You must demonstrate a “clear probability” that your life or freedom would be threatened if you returned home—essentially showing it’s more likely than not that you’d face persecution. While this protection prevents your deportation, it doesn’t provide a pathway to a Green Card or allow you to bring family members to the U.S. the way asylum does.
Another option is protection under the Convention Against Torture (CAT). If you can prove that it’s “more likely than not” you would be tortured upon return to your country—by the government or by groups the government can’t or won’t control—you may qualify for CAT protection. Like withholding of removal, this prevents deportation but doesn’t offer the benefits of permanent residency or family reunification.
In some situations, particularly complex cases, there may be humanitarian and compassionate grounds for relief, though these are highly discretionary and case-specific.
Navigating these appeals and alternative relief options requires deep legal knowledge and strategic thinking. The procedures are technical, the deadlines are unforgiving, and the stakes remain as high as ever. This is precisely why having a dedicated asylum immigration lawyer by your side is so important. We’ve seen cases turn around on appeal. We’ve helped clients find protection through alternative forms of relief when asylum wasn’t granted. We don’t give up on your safety, and we’ll stand with you through every legal avenue available.
If you’re facing a denial, don’t lose hope. Reach out to us immediately so we can review your case, identify the best path forward, and continue fighting for your right to live free from persecution.
When you’re facing the possibility of persecution in your home country, questions pile up fast. We’ve heard them all, and we’re here to give you straight answers that can help you make informed decisions about your future.
The law recognizes five specific reasons that can form the basis of an asylum claim: persecution based on race, religion, nationality, political opinion, or membership in a particular social group. These aren’t just abstract legal categories—they represent real human experiences of fear and suffering.
When we talk about race, we mean persecution because of your ethnicity, ancestry, or racial identity. Religion covers both practicing a faith and choosing not to practice one. Nationality refers to your citizenship or national origin, which can put you at risk in countries torn by ethnic conflict. Political opinion includes both opinions you’ve expressed and opinions others think you hold, even if they’re wrong about what you believe.
The particular social group category is often the most complex, but it’s also incredibly important. This can include persecution based on your gender, sexual orientation, gender identity, family ties, or other characteristics that define who you are at your core. For example, women fleeing domestic violence or female genital mutilation, LGBT individuals facing violence because of their sexual orientation or gender identity, or members of a particular clan or family can all potentially qualify under this ground.
We work closely with our clients to identify which of these grounds applies to their situation and to build a compelling case that clearly connects their fear of persecution to one or more of these protected categories. Sometimes your claim might involve multiple grounds—for instance, you might face persecution because of both your political opinion and your membership in a particular ethnic group.
Yes, and this is one of the most important practical considerations for asylum seekers. In the United States, you can apply for an Employment Authorization Document (EAD) after your asylum application has been pending for 150 days. This is often called the “150-day rule.”
Here’s how it works: You file your complete Form I-589 asylum application. Then, 150 days after that filing date, if your case is still pending and you haven’t caused any delays, you can submit Form I-765 to apply for your work permit. The government then has 30 days to make a decision on your work authorization application.
This timing can be critical for your financial stability while your case moves through the system. Many of our clients arrive in the U.S. with limited resources, and the ability to work legally can make an enormous difference in their ability to support themselves and their families during what can be a lengthy process.
We always discuss work authorization early in our consultations because it’s such a vital lifeline. We help you understand the timeline, prepare your EAD application correctly, and make sure you don’t inadvertently cause delays that could push back your eligibility date.
This is one of the most important questions you can ask, and we’re glad you’re asking it. The difference isn’t just technical—it can literally determine whether your case succeeds or fails.
An asylum immigration lawyer is a licensed attorney who has completed law school, passed a rigorous bar examination, and is authorized to practice law in their state. We can provide legal advice, represent you in immigration court, file motions and appeals, and advocate for you before judges and government officials. We’re bound by strict ethical rules that protect you, including duties of confidentiality, competence, and loyalty to our clients. If we make a mistake, we carry professional liability insurance, and you have recourse through the bar association.
An immigration consultant—sometimes called a “notario” in Spanish-speaking communities—is not a lawyer. They cannot provide legal advice, cannot represent you in court, and are often completely unregulated. In many countries, the term “notario” refers to a highly trained legal professional, but in the United States, it simply means a notary public—someone who can witness signatures on documents, nothing more.
The consequences of using an immigration consultant for asylum cases can be devastating. We’ve seen cases where consultants gave completely wrong advice, filled out forms incorrectly, missed critical deadlines, or even committed fraud. By the time clients come to us to fix these problems, it’s sometimes too late. Your asylum claim might be permanently damaged.
Immigration consultants often charge fees that seem lower than attorney fees, but they’re no bargain if they ruin your case. At The Nemecek Firm, Ltd., we offer flexible payment options and affordable representation because we believe cost should never force you to risk your safety by working with unqualified people.
If you’re considering working with someone, always verify they’re a licensed attorney. You can check with your state’s bar association or look them up in the American Immigration Lawyers Association (AILA) directory. If someone claims to be able to help you but isn’t a licensed attorney, walk away. Your life may depend on it.
The journey to asylum is one of the most significant and challenging paths anyone can walk. It’s a process filled with legal complexities, tight deadlines, and the weight of recounting experiences no one should have to endure. Yet it’s also a journey toward something precious: safety, freedom, and the chance to rebuild your life without fear.
This isn’t just about paperwork or legal procedures. When you work with an asylum immigration lawyer, you’re gaining someone who understands that your case represents your future—and possibly your life. We become your guide through the maze of immigration law, your advocate in interviews and courtrooms, and your partner in telling your story in a way that the legal system will understand and respect.
The complexity of the asylum process means that having professional representation isn’t just helpful—it can make all the difference. From that first case assessment through gathering evidence, preparing your personal narrative, and standing beside you during credible fear interviews or immigration court hearings, an experienced lawyer brings knowledge, strategy, and compassion to every step.
At The Nemecek Firm, Ltd., we’ve built our practice around providing high-quality, affordable representation to asylum seekers across the United States and beyond. Our Columbus, Ohio office serves as our home base, but our reach extends wherever our clients need us. We bring specialized expertise to complex cases, including those involving LGBT immigration matters, because we believe everyone deserves representation that truly understands their unique circumstances.
Finding the right legal partner means finding someone who genuinely cares about your future and has the skills to fight for it. We know the stakes couldn’t be higher. We’ve seen how the right legal guidance can transform fear into hope and uncertainty into a secure future.
If you’re fleeing persecution because of who you are, what you believe, or the community you belong to, you don’t have to face this alone. We’re here to listen, to advocate, and to help you find safety. To learn more about how we can assist you on this journey, please visit our Asylum and Refugee Services page.
Your story matters. Your safety matters. And your hope for a secure future is something we’re committed to protecting.
