If you face persecution in your home country due to race, religion, nationality, political opinion, or social group membership — you may qualify for asylum in the United States. Attorney Shair personally prepares every asylum application.
Asylum is a form of protection that allows individuals who have suffered persecution — or who have a well-founded fear of future persecution — on account of race, religion, nationality, membership in a particular social group, or political opinion to remain in the United States and eventually obtain lawful permanent residence and citizenship.
U.S. asylum law is rooted in the 1951 Refugee Convention and the 1967 Protocol, and implemented through the Immigration and Nationality Act (INA). There are two pathways to asylum: affirmative asylum (filed proactively with USCIS when not in removal proceedings) and defensive asylum (raised as a defense in immigration court). Attorney Shair handles both — and also represents clients seeking the related protections of withholding of removal under INA § 241(b)(3) and protection under the Convention Against Torture (CAT).
"Asylum represents the highest humanitarian commitment of U.S. immigration law — a promise to protect those who have suffered the worst. Attorney Shair approaches every asylum case with the gravity, preparation, and compassion it deserves."
Affirmative asylum is when you proactively file Form I-589 with USCIS while you are in the U.S. and not in removal proceedings. You must have been in the U.S. for less than one year (with limited exceptions) and not be subject to any asylum bars. If USCIS denies your affirmative application, your case is referred to immigration court. Defensive asylum is when you raise asylum as a defense after the government has placed you in removal proceedings — either after apprehension inside the U.S. or after being referred from the border. Both pathways are handled by Attorney Shair.
You must file your asylum application within 1 year of your last arrival in the United States. Missing this deadline results in a bar to asylum — though not necessarily to withholding of removal or CAT protection. Two exceptions exist: (1) Changed circumstances materially affecting your eligibility (such as a change in country conditions or your personal circumstances), and (2) Extraordinary circumstances relating to the delay (such as serious illness, disability, or ineffective assistance of prior counsel). These exceptions are narrow and must be proven — contact Attorney Shair immediately if you are past the 1-year deadline.
Under U.S. law, asylum is available to individuals who have suffered persecution or have a well-founded fear of future persecution on account of one of five protected grounds: (1) Race, (2) Religion, (3) Nationality, (4) Membership in a Particular Social Group (PSG), and (5) Political Opinion. The PSG category is the most complex and heavily litigated — it has been used to protect victims of domestic violence, gang violence, LGBTQ+ individuals, and others. The nexus between the harm and the protected ground must be established clearly in your I-589 and testimony.
Withholding of removal under INA § 241(b)(3) is a more limited form of protection that prevents your removal to a specific country where your life or freedom would be threatened on account of race, religion, nationality, membership in a PSG, or political opinion. Unlike asylum, withholding does not lead to a Green Card, does not allow derivative protection for family members, and does not have a 1-year filing deadline bar. However, the standard of proof is higher (more likely than not vs. well-founded fear). Withholding is also available to individuals who are barred from asylum due to criminal grounds or missed deadlines.
Asylum cases are among the most evidence-intensive and legally complex in immigration law. A poorly prepared I-589, a weak personal statement, or failure to properly document country conditions can result in denial — and potential deportation to a country where the applicant faces serious harm. Attorney Shair prepares every asylum application with the same precision and care he would want for his own family — because for our clients, the stakes could not be higher.
Attorney Shair handles every asylum case with the care, precision, and compassion it deserves. Book a free, confidential consultation today.
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