Asylum

Lex Magnus Law: Seeking Asylum in the U.S. – A Path to Protection

Asylum is a vital form of protection that grants an individual the right to remain in the United States rather than being removed to a country where they have suffered, or fear they will suffer, persecution. It is one of the most profound forms of relief in U.S. immigration law, offering safety and a pathway to a permanent life in the U.S.

To qualify for asylum, an applicant must demonstrate a "well-founded fear of persecution" based on one of five protected grounds:

Race
Religion
Nationality
Membership in a particular social group (e.g., family unit, LGBTQ+ status, former military status)
Political opinion (actual or imputed)

Defining Persecution

While not rigidly defined, persecution is considered to be the infliction of severe suffering or harm that rises above mere discrimination or harassment. This can include:

Threats to life or freedom, including detention or kidnapping.
Serious physical harm, torture, or sexual assault.
Coercive medical or psychological treatment.
Severe discrimination or economic persecution (e.g., loss of livelihood, denial of education) when the cumulative impact is sufficiently severe.

The Two Pathways to Asylum

The process for applying for asylum depends entirely on the applicant's status in the United States:

PathwayApplicant StatusAdjudication BodyProcess Overview

Affirmative AsylumIndividuals NOT in removal (deportation) proceedings.U.S. Citizenship and Immigration Services (USCIS) Asylum OfficerThe applicant proactively files Form I-589 with USCIS. If the application is denied, the case is referred to an Immigration Judge (Defensive Asylum).

Defensive AsylumIndividuals who ARE currently in removal proceedings.U.S. Department of Justice Executive Office for Immigration Review (EOIR) Immigration JudgeThe applicant files Form I-589 with the Immigration Court as a defense against deportation. This is a more formal, adversarial court process.

The Critical One-Year Filing Deadline

It is crucial to be aware of the strict one-year filing deadline—an applicant must file Form I-589 within one year of their last arrival in the United States. Failure to meet this deadline generally results in a mandatory denial of asylum, though two narrow exceptions exist:

Changed Circumstances: A fundamental change in the conditions in the applicant's home country or a change in the applicant's personal circumstances that materially affects their eligibility (e.g., new, repressive laws in the home country, or an applicant joining a political organization).
Extraordinary Circumstances: Events directly related to the failure to file on time (e.g., serious illness, legal disability, or ineffective assistance of previous counsel).

If you believe you qualify for an exception, you must file your application within a "reasonable period" after the circumstances occurred.

Family Inclusion and Next Steps

You may include your spouse and children (who are already in the United States) on your application at the time of filing or at any point until a final decision is reached on your case. To include a child, they must be under 21 years of age and unmarried.

For guidance on navigating the complex affirmative or defensive asylum process, the evidentiary burdens, and the critical one-year deadline, Lex Magnus Law is available to assist you. We are prepared to meticulously document your fear of persecution and present your case with the highest level of legal skill and compassion.