Asylum Lawyer | Protection from Persecution | Nationwide Representation
If you have fled your home country because of persecution — or fear of persecution — based on your race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum in the United States.
At Marcano Legal, Grace Marcano, Esq. represents asylum seekers nationwide.
📞 (786) 314-7330 · WhatsApp us at (786) 645-5370
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Schedule a consultation to discuss your asylum eligibility. We represent clients in all 50 states via virtual consultations.
Understanding Asylum Protection:
Asylum is a form of protection under U.S. law that allows people who meet the definition of a refugee to remain in the United States. If granted, asylum gives you the right to live and work here, apply for a Social Security number, travel abroad with restrictions, and eventually apply for a green card and U.S. citizenship.
Asylum law is complex and the stakes are high. The strength of your application depends on how well your claim is documented and presented.
What is Asylum Protection?
If you are granted asylum, you receive:
- Legal authorization to live and work in the United States
- Ability to apply for a Social Security number
- Eligibility to petition for qualifying family members (spouse and unmarried children under 21)
- Path to a green card — you may apply for permanent residence after 1 year in asylum status
- Path to U.S. citizenship — after holding a green card for the required period
- Protection from removal to the country where you face persecution
Key Steps in the Asylum Application Process:
The asylum application process involves several steps:
Step 1 — File Form I-589
Application for Asylum and for Withholding of Removal. This form documents your background, the persecution you experienced or fear, and the basis for your claim. (There is no filing fee for asylum applications filed with USCIS.)
Step 2 — Biometrics Appointment
USCIS schedules a biometrics appointment for background and security checks.
Step 3 — Asylum Interview or Hearing
If you filed affirmatively (not in removal proceedings), you will be interviewed by a USCIS asylum officer. If you are in removal proceedings, your case is heard by an immigration judge.
Step 4 — Decision
The asylum officer or immigration judge decides your case. If denied by an asylum officer, your case may be referred to immigration court for a hearing before a judge.
Important deadline: You must generally file within 1 year of arriving in the United States. Exceptions exist for changed or extraordinary circumstances. (Filing deadline rules are subject to change; consult an attorney about your specific timeline.)
Filing Form I-589:
Form I-589 requires detailed documentation of your claim. You will need to provide:
- Your personal background and immigration history
- A detailed declaration describing the persecution you experienced or fear
- Evidence supporting your claim — this can include country condition reports, news articles, personal statements from witnesses, medical records, photographs, or other documentation
- Identification of the protected ground — race, religion, nationality, political opinion, or particular social group
The strength of your application depends heavily on how well your declaration is written and how thoroughly your evidence is organized. This is where an experienced attorney makes the most difference.
Eligibility for Asylum Protection:
To qualify for asylum, you must show:
- Physical presence in the United States — you must be in the U.S. or at a port of entry
- Filed within 1 year of arrival — with limited exceptions for changed or extraordinary circumstances
- You are a refugee — meaning you have been persecuted or have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group
- No bars to asylum apply — certain criminal convictions, prior asylum denials, or safe third country provisions may bar eligibility
Contact our law firm today to start building your Asylum Protection Strategy.
If you or a family member needs asylum protection, contact Marcano Legal. Grace Marcano, Esq. can evaluate your claim and help you build a strong application.
📞 (786) 314-7330 · WhatsApp us at (786) 645-5370
Types of Asylum Applications:
There are two ways to apply for asylum:
Affirmative Asylum — You file proactively with USCIS while you are not in removal proceedings. Your case is heard by an asylum officer in a non-adversarial interview. If the officer does not grant asylum, your case may be referred to immigration court.
Defensive Asylum — You apply as a defense against removal (deportation). Your case is heard by an immigration judge, with a government attorney (ICE trial attorney) arguing against your claim. This is an adversarial proceeding.
The type of application depends on your situation. If you are already in removal proceedings, defensive asylum is your path. If not, affirmative asylum is generally the first step.
Common Challenges in Asylum Cases:
Common challenges asylum applicants face:
- The 1-year filing deadline — missing this deadline can bar your asylum claim entirely, though exceptions exist
- Gathering evidence — persecution often happens in countries where documentation is difficult to obtain
- Credibility determinations — the judge or officer evaluates whether your testimony is consistent, detailed, and believable
- Country conditions — you need current, reliable information about conditions in your home country to support your claim
- Particular social group claims — defining your social group correctly is critical and legally complex
An attorney experienced in asylum law can help you overcome these challenges by preparing a thorough application, identifying the strongest arguments, and preparing you for your interview or hearing.
The Asylum Interview and Hearing Process:
What to expect at your asylum interview or hearing:
- You will be asked about your background, your experiences, and why you fear returning to your country
- You should be prepared to answer detailed questions — consistency matters
- You may bring witnesses or submit written statements from people who can corroborate your claim
- An interpreter will be provided if needed
- Your attorney can be present, make legal arguments, and object to improper questions
Preparation is critical. Grace Marcano, Esq. conducts thorough preparation sessions with every asylum client before their interview or hearing.
Frequently Asked Questions About Family Petitions for Children
You may apply for an Employment Authorization Document (EAD) if your asylum application has been pending for a certain period without a decision. The waiting period and fees have changed in recent years. (Check USCIS for current EAD requirements and processing times.)
Processing times vary significantly depending on whether you file affirmatively or defensively, your location, and court backlogs. Affirmative cases may take months to several years. Defensive cases in immigration court depend on the court’s calendar. An attorney can give you a realistic estimate based on your jurisdiction.
Evidence can include your personal declaration (the most important document), country condition reports from the State Department or human rights organizations, news articles, photographs, medical or psychological evaluations, police reports, witness statements, and any other documentation that supports your claim of persecution.
Yes. You can include your spouse and unmarried children under 21 as derivatives on your asylum application. If granted, they receive the same asylum status. Family members in other countries may be able to join you through follow-to-join processing.
If an asylum officer denies your affirmative application, your case is typically referred to immigration court where a judge will review it again. If an immigration judge denies your case, you can appeal to the Board of Immigration Appeals (BIA). Additional options may include withholding of removal or Convention Against Torture (CAT) protection.
Exceptions to the 1-year deadline exist for changed circumstances (in your home country or personal situation) or extraordinary circumstances (serious illness, legal disability, ineffective assistance of counsel, etc.). Even if you missed the deadline, you may still be eligible for withholding of removal or CAT protection, which have no filing deadline. An attorney can evaluate whether an exception applies to your situation.
Why Choose Marcano Legal for Your Asylum Case?
Immigration law is federal — your attorney can represent you from anywhere in the country.
- We represent asylum seekers in all 50 states — virtual consultations and video court appearances
- Available by phone and WhatsApp — Call (786) 314-7330 or WhatsApp us at (786) 645-5370
- Bilingual service — full representation in English and Spanish (se habla español)
- Direct attorney access — you work with Grace Marcano, Esq. directly throughout your case
- Thorough preparation — we prepare detailed declarations, organize evidence, and conduct pre-interview or pre-hearing preparation
Virtual Consultation: Begin the process of reuniting your family in the United States.
Contact Marcano Legal to discuss your asylum case. Grace Marcano, Esq. represents asylum seekers nationwide.
📞 (786) 314-7330 · WhatsApp us at (786) 645-5370
Disclaimer: This website contains general information for educational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a formal agreement is signed. Past results do not predict future outcomes. Each case depends on its specific facts and circumstances.