Asylum & Humanitarian Protection

Asylum is available to individuals who cannot return to their home country because they have suffered persecution or have a well-founded fear of future persecution. U.S. immigration law limits asylum eligibility to persecution based on five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. These categories are strictly interpreted, and not every dangerous or unfair situation qualifies under the law.

Persecution can take many forms, including physical violence, threats, unlawful detention, torture, severe discrimination, or harm inflicted by the government or by groups the government is unwilling or unable to control. In many cases, applicants must show that the harm they experienced was targeted and connected to one of the protected grounds—not random crime or general instability alone.

A “well-founded fear” of persecution means there is a reasonable possibility that harm would occur if the applicant returned home. This can be proven through personal testimony, country condition reports, expert opinions, and corroborating evidence. Past persecution can strengthen a claim, but asylum can still be granted based solely on future fear if supported by evidence.

Because asylum law is complex and fact-specific, qualifying depends on how the story is presented and supported—not just the events themselves. At Trujillo Law Group, we help clients understand whether their experiences fit within asylum law and explain eligibility honestly before moving forward.

Most asylum applicants must file their application within one year of their most recent arrival in the United States. This deadline is strict, and missing it can result in denial, even if the asylum claim is otherwise strong. The one-year clock generally starts on the date of entry shown on immigration records.

There are limited exceptions to the one-year deadline, including changed circumstances and extraordinary circumstances. Changed circumstances may include significant changes in conditions in the applicant’s home country or changes in the applicant’s personal situation that affect eligibility. Extraordinary circumstances may involve serious illness, legal disability, or other exceptional situations that prevented timely filing.

Even when an exception applies, the applicant must file within a reasonable period after the circumstance occurred. USCIS closely scrutinizes late filings, and insufficient explanation can lead to denial.

Because the one-year deadline is one of the most common reasons asylum cases fail, early legal evaluation is critical. We help clients assess deadlines, identify potential exceptions, and prepare filings that clearly explain timing issues when necessary.

Asylum cases rely heavily on credible testimony supported by evidence whenever possible. The applicant’s personal declaration is often the most important piece of evidence, explaining what happened, why it happened, and why returning would be dangerous. Consistency, detail, and clarity are critical.

Supporting evidence may include police reports, medical records, court documents, threatening messages, witness statements, or affidavits from people familiar with the events. Country condition evidence—such as human rights reports, news articles, and expert declarations—helps demonstrate that the applicant’s fear is reasonable.

Not all applicants can obtain documents from their home country, especially if doing so would be dangerous. USCIS and immigration judges understand this, but applicants must explain why evidence is unavailable. Credibility remains essential.

We help clients gather, organize, and present evidence in a way that supports their story while respecting safety and practical limitations.

Asylum cases may be decided through an interview with USCIS or through proceedings before an immigration judge, depending on how the case is filed and whether the applicant is in removal proceedings. In both settings, the government evaluates credibility, consistency, and legal eligibility.

During an interview, an asylum officer will ask detailed questions about the applicant’s experiences, background, and fear of return. Interviews can last several hours and may involve sensitive topics. In court, testimony is given under oath, and the government attorney may cross-examine the applicant.

Preparation is essential. Inconsistent answers, omissions, or misunderstandings can seriously harm a case. Applicants are not expected to memorize scripts, but they must understand their own story and be ready to explain it clearly and truthfully.

At Trujillo Law Group, we prepare clients step by step, explaining what to expect and helping them approach interviews and hearings with confidence.

Asylum applicants may apply for work authorization after meeting specific waiting requirements. In most cases, applicants must wait a certain period after filing before becoming eligible to apply for an Employment Authorization Document (EAD). Approval is not automatic and depends on proper filing and eligibility.

Processing delays are common, and working without authorization before approval can create serious immigration issues. Once approved, work permits must be renewed on time to avoid gaps.

We help asylum applicants understand when they qualify, apply correctly, and maintain lawful work authorization while their case is pending.

Asylum provides the strongest protection, including a path to permanent residency and the ability to petition for certain family members. Withholding of removal offers protection from deportation but does not lead to a Green Card and has a higher burden of proof.

Protection under the Convention Against Torture (CAT) applies when an individual is more likely than not to be tortured if returned, regardless of protected grounds. CAT provides limited benefits and no permanent status.

We help clients understand these options and pursue the strongest form of protection available based on their circumstances.

Spouses and unmarried children under 21 may be included as derivatives on an asylum application if they are present in the U.S. or may benefit later if asylum is granted. Timing and documentation are important.

Family inclusion rules are strict, and missing deadlines can prevent relatives from benefiting. We help clients understand how to protect family members throughout the process.