Past Persecution
Threats, violence, detention, abuse, targeting, cumulative harm, and other experiences should be documented with context and supporting evidence where reasonably available.
Representation for affirmative and defensive asylum claims, Form I-589, asylum interviews, immigration-court proceedings, withholding of removal, Convention Against Torture protection, and related appeals.
Asylum cases often turn on details: what happened, why it happened, who caused the harm, whether the government could protect you, what you fear now, when you entered the United States, and whether the documentary record supports the testimony.
Asylum can protect a person who meets the refugee definition because they suffered persecution or have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, while also satisfying the procedural and eligibility rules that apply to the case.
The strongest presentation connects the facts, protected ground, country evidence, credibility, timing, and procedural posture into one coherent record.
Threats, violence, detention, abuse, targeting, cumulative harm, and other experiences should be documented with context and supporting evidence where reasonably available.
The case should explain why the danger remains real now, including current country conditions and the applicant's individual circumstances.
The evidence must connect the persecution to a protected ground rather than simply show that serious harm occurred.
Who inflicted the harm and whether authorities were unable or unwilling to provide protection can be central to the asylum analysis.
Declarations, interviews, border records, prior filings, testimony, dates, and supporting documents should be reviewed for discrepancies before USCIS or court.
Timing, prior applications, firm-resettlement questions, criminal history, immigration history, and statutory bars can affect eligibility.
An affirmative asylum case is generally presented to USCIS when the applicant is not in removal proceedings. A defensive asylum claim is litigated before an immigration judge as a defense to removal. A case referred from the asylum office can therefore move from a non-adversarial interview setting into adversarial immigration-court proceedings.
Create a careful timeline of threats, incidents, moves, reports, departures, entries, and other major events before preparing the declaration.
Police, medical, court, employment, school, political, religious, membership, communication, and identity records may corroborate parts of the claim.
People with firsthand or relevant knowledge may help explain incidents, threats, identity, activities, or the applicant's circumstances.
Reliable reports and other evidence can help establish the broader conditions surrounding the applicant's individualized fear.
The goal is not to make the story sound dramatic. It is to present the true facts clearly, consistently, and in the legal framework that applies.
Analyze the persecution theory, protected ground, timing, immigration history, criminal history, bars, and procedural posture.
Prepare the application, declaration, supporting evidence, translations, identity records, and country-condition materials.
Review the record carefully for the asylum interview or individual hearing without scripting or changing the applicant's truthful account.
Present the claim, respond to credibility and legal issues, develop alternative protection claims, and preserve appeal issues when necessary.
Asylum, withholding of removal, and protection under the Convention Against Torture have different legal standards, benefits, and restrictions. When a case is in immigration court, the facts should be evaluated under each potentially available protection theory rather than assuming the asylum claim is the only issue.
Affirmative asylum is generally pursued through USCIS by someone not in removal proceedings. Defensive asylum is requested before an immigration judge as a defense to removal.
Asylum generally has a one-year filing rule measured from arrival in the United States, subject to statutory exceptions. Timing should be evaluated as early as possible.
Asylum cases often involve events for which perfect documentation does not exist. The availability of corroborating evidence, credibility of testimony, and explanation for missing evidence can all matter.
The next step depends on the applicant's status and procedural posture. Some cases may be referred to immigration court, where asylum can be pursued defensively before an immigration judge.
No. They are separate forms of protection with different standards and consequences, although they may be raised from the same underlying facts in removal proceedings.
Removal proceedings where asylum and related protection may be raised defensively.
Representation before immigration judges in contested removal proceedings.
When criminal history affects asylum eligibility, detention, or removal defense.
Tell us when you entered the United States, what harm or threats you experienced, why you believe you were targeted, whether Form I-589 has already been filed, and whether your case is with USCIS or immigration court.
Use the firm's secure contact page to request a consultation, or call 833-FOR-PIRI to speak with the office.
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