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Asylum Lawyer


Asylum Seekers - Thank you for considering Asylum Lawyer Deron Smallcomb to help you determine if you are eligible to file for asylum in the United States. Asylum allows you to live in the United States, get work authorization, become a ‘Green Card’ holder, and ultimately file for US Citizenship. Our Law Office can help you determine if you are in fact qualified to petition for asylum.

If you are qualified for asylum, we can provide the legal services to file on your behalf and represent you through the legal process. We have asylum attorney offices in both San Diego, California and Brooklyn, New York, but we can help you no matter where you are located in the United States or around the world.

What is Asylum?

Asylum is claimed by a person who flees their home country, enters or requests entry into the United States, and applies for protection from the USA so they do not have to return to their home country.

In order to qualify for asylum as an asylum seeker, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the main reason for your persecution or why you fear persecution. Economic hardship is not a valid reason to file for asylum.

You must file for asylum within one year of entry into the United States.

How do I File for Asylum?

You may apply for asylum with USCIS form I-589 if you are already in the United States, ideally on a valid visa. This process is known as Affirmative Asylum.

For asylum seekers outside the United States, and do not have a valid visa to enter the US, you can claim asylum at a port of entry, such as a border crossing. This process is known as Defensive Asylum and is far more complex.

Scroll down for videos and information from our asylum attorney about both asylum processes.

How Asylum Works

Depending on whether you apply for affirmative asylum or defensive asylum, the process may start with USCIS and usually ends up in the courts for a decision. Please review the videos below made by our Asylum Attorney:

Affirmative Asylum – You are Already in the USA

Once your asylum petition is filed, the process can take from months to years to be reviewed. However, since January 2018, the asylum process with USCIS has been going much faster.

Approximately five months following the filing of the application, you will be allowed to apply for authorization to work in the United States.

At some point, typically one to three months following the application, you will be called in for a USCIS interview. If the USCIS officer is satisfied that you have a legitimate claim for asylum, they will grant it. If there is any uncertainty, your asylum case will be referred to the courts. For this reason alone, it is extremely important that you have a lawyer who focuses on asylum. Not all immigration attorneys are competent to represent you in these proceedings so, choose your asylum attorney wisely.

You may remain in the United States while the process is pending.

Defensive Asylum - You are Outside of the USA Without a Visa or Unlawfully Present in the USA

The defensive asylum process is very complex and usually includes the applicant being detained for at least a short period of time, often far longer. Officially, the applicant is in removal proceedings during this entire process so, having an experienced immigration attorney and asylum lawyer is critical.

The defensive asylum process completely skips the USCIS phase and is dealt with only in the courts. Unrepresented clients have about a 10% chance of being approved, so anyone considering this process should have a qualified asylum attorney to represent them. Feel free to call our immigration law office to discuss your case in detail before contemplating filing asylum this way.

Asylum Approval

If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status, otherwise known as a Green Card holder.

If you are not granted asylum, the Department of Homeland Security may use the information you provide to establish that you are removable from the United States. This is why you must be successful in your application for asylum so that you may avoid deportation.

Our Asylum Lawyer

Our asylum attorney, Deron Edward Smallcomb, has successfully represented many asylum seekers over the years. Our law office can help you to file for asylum and using our legal services will give the typical applicant a far better chance of success with their application.

While there are very reasonable attorney fees associated with the application, there is no government fee to file.

If you would like to learn more about this process, please call our law office so that we can determine your eligibility. If you are qualified, we can discuss the appropriate course of action for your situation.

Client Reviews
My asylum case worried me very much. After speaking with Mr. Smallcomb, I was much surer that everything would be done ok. He and his staff helped me to file and get my work card. I was lucky to have their help and the price was lower than most lawyers. Adam S.
Very Professional, very thorough and simplified the process so you know what to expect and what is required. Very satisfied with the Law Office of Deron Smallcomb, Thank you. Robert S.
These folks were a critical part of my k1 visa preparation and subsequent parts of the process to eventual citizenship. Additionally, they helped with my stepson green card process. I will definitely use their services as my stepson heads for citizenship. Very professional, extremely competent! Kevin F.