Law Offices of Pejman Behkar, APCImmigration & Nationality LawConsultations in English, Español and فارسی (Farsi)
Protection in the United States
Asylum may protect a person who meets the legal definition of a refugee and is unable or unwilling to return to a country because of qualifying persecution or a well-founded fear of persecution. The process may be affirmative before USCIS or defensive in Immigration Court. Eligibility, filing deadlines, bars, credibility, and supporting evidence require individual review.
Important: USCIS generally requires asylum applicants to file within one year of their last arrival unless an exception applies. Do not delay a legal assessment if that date may be approaching or has passed.
Who this service is for
How the firm approaches the matter
These are general considerations, not a conclusion about any person's eligibility or likely outcome.
An affirmative application is generally filed with USCIS by a person who is not in removal proceedings. Defensive asylum is requested as protection from removal in Immigration Court. The forum changes the filing mechanics, scheduling, presentation of evidence, and decision-maker, even though the underlying protection claim may overlap.
A careful review connects the claimed harm or fear to a protected ground, examines government involvement or inability to protect, considers relocation and country conditions, tests consistency across prior statements and filings, and identifies deadlines or bars. The analysis may also consider withholding of removal or Convention Against Torture protection when relevant.
Depending on the facts, evidence may include identity and travel records, declarations, witness statements, medical or psychological records, police or court documents, messages, photographs, organizational records, expert evidence, and reliable country-conditions materials. Not every case will have every type of record, and missing evidence should be addressed honestly rather than filled with assumptions.
The published consultation identifies immediate issues and possible next steps. Representation fees depend on whether the case is before USCIS or EOIR, the record’s complexity, evidence and translation needs, interviews or hearings, and any related motions or appeals. The written agreement defines the scope before representation begins.
Prepare for a focused consultation
Do not delay an urgent consultation merely because a record is unavailable. Tell the office what exists and what is missing.
Questions people ask before calling
USCIS generally requires filing within one year after the applicant’s last arrival in the United States. Changed or extraordinary circumstances may excuse a late filing in some cases, but the exception and filing timing must be evaluated from the specific facts.
Affirmative asylum is generally decided first by USCIS for an applicant who is not in removal proceedings. Defensive asylum is presented in Immigration Court as a defense to removal. The procedures and risks differ, so the correct posture should be confirmed before filing.
The answer depends on the case. Some applicants cannot safely obtain particular records. The absence of one document does not automatically answer eligibility, but available corroborating evidence, credibility, and any explanation for missing evidence can be important.
Lawyers have professional duties concerning prospective-client information. The firm uses a secure intake portal for documents and asks that sensitive identifiers or detailed trauma information not be sent through ordinary email.
No. Asylum and employment authorization have separate eligibility and timing rules, and filing does not guarantee either benefit. Current requirements should be reviewed for the individual case before relying on a timeline.
Official resources
Government pages can explain general procedures, but they do not replace advice based on a complete record.