Asylum Attorney in San Diego
If you are afraid to return to your country, United States law may give you a way to stay. Sentinel Law Group represents people seeking asylum at every stage, whether you are applying through USCIS or defending your case in immigration court.
Why people come to us
Our attorneys have appeared in immigration and federal courts across the country and worked at established immigration firms before joining Sentinel. We handle affirmative and defensive asylum, detained and non-detained, and we prepare every case to be argued, because we believe everyone deserves a fair shot at the American Dream.
Who can get asylum
What political asylum protects
Asylum, sometimes called political asylum, protects people who face persecution in their home country because of race, religion, nationality, political opinion, or membership in a particular social group.
If you are in the United States and fear returning home for one of these reasons, you may be able to apply no matter how you entered the country.
Who qualifies
You may qualify for asylum if:
You are physically in the United States.
You fear persecution in your home country, or have already suffered it.
That persecution is tied to one of the five grounds above.
Your own government caused the harm or cannot protect you from it.
Every case turns on its facts. The strongest first step is telling us your story.
Who does not qualify
Some people are barred from asylum even when their fear is real. Common examples include filing more than one year after arrival without an exception, a prior asylum denial, certain criminal convictions, and having settled permanently in another country on the way here.
A bar to asylum is not always the end. Some people who cannot receive asylum still qualify for other protection. Schedule a consultation to find out where you stand.
We represent people on both routes, and we take cases nationwide.
The one-year deadline
In general, you must apply for asylum within one year of arriving in the United States. There are exceptions for certain changed or extraordinary circumstances.
If you think you have missed the deadline, do not assume your case is over. Whether an exception applies is exactly the kind of question to ask us before deciding anything.
How the process runs
For an application filed with USCIS:
You file Form I-589, the application for asylum.
USCIS sends a receipt and schedules fingerprinting.
You attend an asylum interview with an asylum officer.
The officer decides your case, or refers it to immigration court.
In immigration court the shape is different: hearings before a judge instead of an interview, with the government represented by ICE's Office of the Principal Legal Advisor (OPLA), part of the Department of Homeland Security. We prepare you for whichever you are facing.
Preparing for the asylum interview
The interview is where your case is told in your own words. The officer will ask about your identity, your journey, and in detail about why you fear returning home.
We go over the interview format, ask you the questions an asylum officer would typically ask based on the facts of your case, and give you the tools to present your story in the form USCIS expects.
| With USCIS | In immigration court | |
|---|---|---|
| Who it is for | People not in removal proceedings | People the government has placed in removal proceedings |
| How it starts | You file Form I-589 | You raise asylum as a defense to removal |
| Who decides | An asylum officer, in an interview | An immigration judge, in a hearing |
| If the answer is no | Your case is usually referred to immigration court, where you can present it again | You can appeal the judge's decision |
How to apply for asylum
With USCIS, or in immigration court
There are two routes to asylum, and which one you are on is usually not a choice.
Building your case
What evidence supports a claim
We help you decide what to gather and how to present it.
Working while your case is pending
Applying for asylum does not by itself give you permission to work, but many applicants become eligible to apply for a work permit while their case is pending. We can tell you when and how that applies to you.
Bringing your family
Your spouse and unmarried children under 21 who are in the United States can usually be included in your asylum application. If your case is granted, you may also be able to petition for qualifying family members abroad.
After a decision
If your case is denied
A denial or referral is not always final. Depending on where your case is, options can include presenting the case again in immigration court or appealing to the Board of Immigration Appeals. The right move depends on the details, and it is time-sensitive.
Withholding of removal and CAT protection
Some people who are barred from asylum can still be protected from removal, through withholding of removal or under the Convention Against Torture. These protections are harder to win and give less than asylum does, but for some cases they are the right path, and we handle them.
After asylum is granted
Asylum is not just permission to stay. One year after a grant you can apply for a green card, and citizenship can follow after that.
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It is a request for protection filed with the United States government, on Form I-589, by someone who fears persecution in their home country.
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If you are not in removal proceedings, you apply by filing Form I-589 with USCIS. If you are in proceedings, you apply through the immigration court. The form is the same; the process around it is not.
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Form I-589 is the application for asylum and for withholding of removal. One form covers both requests.
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Not immediately, but many applicants become eligible to apply for a work permit while the case is pending. Ask us when that opens up for you.
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Often the case moves to immigration court, where you present it again before a judge. Court decisions can be appealed. A denial is a turn in the road, not always the end of it.
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A spouse and unmarried children under 21 who are in the United States can usually be included in your application.
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The protection is similar; the place you ask for it is different. Refugees are processed abroad before entering the United States. Asylum is for people already here or at the border.
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No, but asylum cases are won on proper filings, strategy, and preparation, and the government is represented in court while you are not.
Common questions about asylum
Talk to an asylum attorney in San Diego
Tell us what happened and what you are afraid of. We will tell you honestly where your case stands and what we would do next.
Schedule a consultation Call (858) 224-2585
Говорим по-русски
Адвокат Игорь Харрис свободно говорит по-русски, и вы можете обратиться к нам по-русски. Attorney Igor Harris speaks fluent Russian, and you can reach us in Russian.