Asylum: A Path to Protection in the United States
Seeking asylum is a vital process for individuals who fear persecution in their home countries due to their race, religion, nationality, political opinion, or membership in a particular social group. The United States offers asylum protection to those who qualify, allowing them to live in safety and security. At Carlsen Immigration, PLLC, based in Washington, DC, we specialize in helping individuals navigate the complex asylum process and ensuring their rights are protected.

What Is Asylum?
Asylum is a form of protection offered to foreign nationals who are already in the United States or arriving at a U.S. border and cannot return to their home country due to a well-founded fear of persecution. Persecution must be based on at least one of the five protected grounds:
- Race
- Religion
- Nationality
- Political Opinion
- Membership in a Particular Social Group
Asylum grants individuals the legal right to stay in the United States and provides a pathway to permanent residency (a green card) and, eventually, citizenship.
Eligibility Requirements for Asylum
To qualify for asylum in the U.S., an individual must meet several requirements:
- Fear of Persecution: You must demonstrate that you have a credible fear of persecution in your home country based on one of the five protected grounds.
- Timely Filing: Asylum applications generally must be filed within one year of arriving in the United States. Exceptions may apply if there are changes in conditions in your home country or extraordinary circumstances that delayed your application.
- Persecution vs. Harassment: Not all harm or mistreatment qualifies as persecution. The harm must be severe, such as threats to life or freedom, torture, or severe discrimination.
- Inability to Relocate Safely: If you can safely relocate within your home country to avoid persecution, your asylum claim may be denied.
Types of Asylum
There are two primary types of asylum applications in the United States:
- Affirmative Asylum: This process is for individuals who are not currently facing removal (deportation) proceedings. Applicants file for asylum with U.S. Citizenship and Immigration Services (USCIS) and attend an interview with an asylum officer to determine if they qualify for protection.
- Defensive Asylum: This process is for individuals who are in removal proceedings. A defensive asylum application is filed with an immigration judge as a defense against deportation. This typically occurs if a person has been apprehended at the border or placed into removal proceedings after overstaying a visa or being denied an initial asylum application.
The Asylum Process
Filing for asylum can be complex, and it's important to follow the proper procedures to increase your chances of success. Here's a general overview of the asylum process:
- Filing the Application: To begin the asylum process, you must file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS. This form includes detailed information about your background and the reasons for your fear of persecution.
- Asylum Interview: If you filed an affirmative asylum application, you will be scheduled for an interview with a USCIS asylum officer. During the interview, the officer will ask about your reasons for seeking asylum and may ask for documentation or evidence to support your claim.
- Immigration Court Hearing: If you are seeking defensive asylum or your affirmative asylum claim is referred to immigration court, you will attend a hearing before an immigration judge. Your attorney can present evidence and argue on your behalf.
- Decision: If your asylum application is approved, you will be granted asylum status, allowing you to remain in the U.S. and apply for a green card after one year. If your application is denied, you may appeal the decision or face removal from the U.S.
Benefits of Asylum
Being granted asylum in the United States offers several important benefits:
- Protection from Persecution: Asylum provides legal protection, ensuring you are not returned to your home country where you face persecution.
- Work Authorization: Asylum seekers can apply for work authorization while their case is pending, allowing them to work and support themselves in the U.S.
- Path to Permanent Residency: After one year of being granted asylum, you can apply for a green card (permanent residency). After five years of holding a green card, you may apply for U.S. citizenship.
- Family Reunification: Asylees may petition to bring their spouse and children to the U.S. under derivative asylum status, allowing families to reunite and live safely together.
Challenges and Common Issues in Asylum Cases
Although asylum offers a pathway to safety and protection, the process can be challenging. Common issues that arise during asylum cases include:
- Burden of Proof: Asylum seekers must provide credible evidence to prove their fear of persecution. This can be difficult, especially if documentation is scarce or unavailable.
- Complex Legal Standards: The legal standards for asylum are complex, particularly in cases involving persecution based on membership in a particular social group or political opinion.
- Delays: The asylum process can be lengthy, with backlogs and delays in asylum interviews and court hearings. During this time, asylum seekers may face uncertainty about their legal status.
- Credibility Concerns: If the asylum officer or immigration judge finds discrepancies in your story or doubts the credibility of your claim, your application could be denied.
How Carlsen Immigration, PLLC Can Help
At Carlsen Immigration, PLLC, we understand how critical it is to have experienced legal guidance during the asylum process. Our team is dedicated to helping individuals seeking asylum navigate the complexities of U.S. immigration law. Here’s how we can assist:
- Comprehensive Legal Assistance: We will guide you through each step of the asylum process, from preparing your application to representing you in asylum interviews and immigration court hearings.
- Gathering Evidence: We help you gather the necessary evidence to support your claim, including documentation, country conditions reports, and expert witness testimony.
- Credibility and Preparation: Our attorneys will work with you to ensure your story is presented clearly and consistently, helping you avoid credibility issues that could harm your case.
- Family Asylum Claims: If your family is also in danger, we can help you file for derivative asylum, allowing your spouse and children to join you in the U.S.
Seeking asylum in the United States can be a complex and challenging process, but with the right legal representation, you can increase your chances of success. At Carlsen Immigration, PLLC, we are committed to helping individuals seeking protection from persecution build strong asylum cases and secure their futures in the U.S.
If you or a loved one is considering applying for asylum, contact Carlsen Immigration, PLLC today for a consultation. We are here to help you through every step of the process.





