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Why Hire an Asylum Attorney?

If you’re afraid to return to your home country and are looking to apply for asylum in the United States, you might want to hire an immigration or asylum attorney.

Why hire a lawyer?

When you’re up against a slow-moving and often suspicious government bureaucracy, having an immigration lawyer’s help can make all the difference. The attorney’s knowledge of asylum law and procedural norms can mean the difference between success and failure. It’s especially important to think about hiring an asylum attorney if any of the following apply to you:

  • You’ve been in the United States for more than one year (thus missing the deadline for applications).
  • You’re not sure whether the harm or threats you experienced match the narrow refugee definition.
  • You are finding the asylum paperwork challenging.
  • You applied for asylum on your own, feel you were wrongly denied, and are now facing removal proceedings.
  • You are applying for or have received asylum but have been arrested.
  • You’ve been issued a Notice to Appear in removal or deportation proceedings (an “NTA”).

In brief, if you’re finding the U.S. asylum system challenging, or are facing an urgent situation that threatens your immigration status, you should consider hiring an asylum attorney.

What can a lawyer do for you?

An asylum attorney can help you at every step of the way. The attorney’s responsibilities might include:

  • Preparing the Form I-589 and other application paperwork
  • Contacting U.S. immigration officials on your behalf
  • Drafting cover letters, memos, and legal briefs explaining how U.S. law supports your asylum claim
  • Monitoring your case through bureaucratic delays and difficulties
  • Figuring out what documents you’ll need to gather to support your asylum case
  • Representing you in interviews before U.S. government officials or in immigration court, and
  • Seeing your case to a successful conclusion, possibly after appeals to a higher court or administrative body.

Did you know?

In order to be granted asylum, the persecution you experienced must have been based on one of five grounds: race, religion, nationality, political opinion, or membership in a particular social group.

Common Questions About Asylum

Asylum law is based on international law and offers help in fewer situations than most people realize. Below you'll find discussion of some detailed issues.

Q: Can an asylum attorney help me decide whether to apply for asylum in the first place?
An immigration attorney can listen to your story and advise you of whether it would be wise to submit an asylum application—or whether doing so would be more likely to land you in removal (deportation) proceedings.
Q: Can an asylum attorney help me get a U.S. work permit?
Some, but not all asylum applicants can qualify for an Employment Authorization Document (EAD), otherwise known as a work permit. It depends partly on chance, that is, on how quickly U.S. immigration authorities can make a decision on your case. An asylum attorney can analyze the calendar and help protect your right to receive a work permit.
Q: Can an asylum attorney write my story for me?
To be clear, an asylum attorney will not provide you with a prepackaged story. But they will listen closely to your story (which might take multiple meetings), write up the most important and convincing portions into a statement that accompanies your application, and prepare you to tell that story out loud.
Q: Can an asylum attorney defend me in immigration court?
Yes, the attorney can represent you in immigration court if need be, including eliciting your testimony (asking you the most important questions) and making legal arguments to the judge. If the judge denies your case, the attorney can also draft appeals to the Board of Immigration Appeals (B.I.A.) and federal courts.