Many people come to the United States seeking safety and stability after facing threats, violence, or persecution in their home countries. One of the most common ways to find protection is through asylum. But what if you are already here? Can you still apply for asylum while living or working in the U.S.? The answer is yes. If you fear returning to your home country because of persecution, you may be eligible to apply for asylum from within the United States.
At Pachuta & Kammerman, we help immigrants and asylum seekers from both our offices in Fairfax, Virginia and Denver, Colorado. Whether you entered the country recently or have been here for years, our immigration attorneys can help you understand your options and protect your rights throughout the process. This guide explains how asylum works for people already in the U.S. and what steps to take if you want to apply.
Who Qualifies for Asylum in the United States?
Asylum is a form of humanitarian protection for individuals who have suffered persecution or have a well-founded fear of future persecution because of their race, religion, nationality, political opinion, or membership in a particular social group. If you are already in the U.S., you can apply for asylum regardless of your immigration status, meaning you can apply even if your visa expired or you entered without inspection.
To qualify, applicants must meet specific legal requirements. Generally, you may be eligible for asylum if you:
- Are physically present in the United States
- Fear persecution or have experienced persecution in your home country
- Can show that the persecution is based on one of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group
- File your asylum application within one year of arriving in the U.S. (some exceptions apply)
Our attorneys carefully review each client’s background to determine eligibility and identify potential exceptions to the one-year filing deadline. For example, changes in country conditions or extraordinary personal circumstances, such as illness, trauma, or legal obstacles, may extend your ability to apply beyond one year.
How to Apply for Asylum If You’re Already in the U.S.
If you are already in the United States, you may file an “affirmative” asylum application with U.S. Citizenship and Immigration Services (USCIS). This process begins by completing and submitting Form I-589, Application for Asylum and for Withholding of Removal. It is critical that this form is completed accurately and supported by the right documentation.
Here are the main steps in the affirmative asylum process:
- 1. Submit your application. File Form I-589 with USCIS. There is no fee to apply for asylum.
- 2. Attend fingerprinting and background checks. USCIS will schedule a biometrics appointment to verify your identity and conduct security screenings.
- 3. Attend your asylum interview. You’ll meet with an asylum officer to discuss your story, provide evidence, and answer questions about your experiences.
- 4. Wait for a decision. USCIS will notify you by mail of its decision to grant or deny asylum. If denied, your case may be referred to an immigration judge for further review.
Because the process can be complex and emotionally challenging, it’s important to work with an experienced immigration attorney. At Pachuta & Kammerman, our legal team supports clients through every step, from preparing detailed applications and gathering evidence to representing clients during interviews and hearings. You can learn more about asylum and other forms of protection on our Humanitarian Immigration Relief page.
Affirmative vs. Defensive Asylum Applications
There are two main ways to apply for asylum in the U.S.: affirmative and defensive. Understanding the difference can help you determine which process applies to your situation.
- Affirmative Asylum: This process is for individuals who are not currently in removal (deportation) proceedings. You can file for asylum directly with USCIS if you are already in the U.S. and not facing deportation. If USCIS denies your application, you may be referred to an immigration court to continue your case.
- Defensive Asylum: This process applies when a person is already in removal proceedings, usually after being detained or denied entry at the border. In this case, you request asylum as a defense against deportation before an immigration judge. The court will review your claim, hear testimony, and decide whether you qualify for protection.
Both types of asylum applications require detailed evidence, strong personal statements, and often expert testimony to support your claim. Our attorneys represent clients in both affirmative and defensive asylum cases across Virginia, Colorado, and nationwide through virtual consultations and hearings.
How an Immigration Attorney Can Help
The asylum process can feel overwhelming, especially if you are unfamiliar with U.S. immigration law or English is not your first language. An experienced immigration lawyer can help ensure your case is filed correctly, fully supported, and presented in the strongest possible way. At Pachuta & Kammerman, our attorneys have years of experience helping immigrants secure protection from persecution and start new lives in safety.
Our team assists asylum seekers by:
- Preparing and filing asylum applications that meet all legal and procedural requirements
- Gathering evidence such as country condition reports, affidavits, and documentation of threats or harm
- Coaching clients for asylum interviews and hearings
- Representing individuals before immigration courts and USCIS officers
- Appealing denied applications and pursuing other humanitarian options if needed
We help immigrants and those seeking asylum from both our Virginia and Colorado locations, and we understand that each case represents a person’s life, family, and future. Our goal is to provide legal protection and compassionate guidance during one of the most difficult times a person can face.
Take the First Step Toward Safety and Stability
If you are in the United States and fear returning to your home country, do not wait to get help. The asylum process takes time, and deadlines are strict. Reaching out to an experienced attorney as soon as possible can improve your chances of success and provide peace of mind knowing that someone is advocating for you every step of the way.
At Pachuta & Kammerman, we proudly assist asylum seekers from around the world through our offices in Fairfax, Virginia, and Denver, Colorado. Whether you are filing for asylum for the first time or need help after a denial, we are ready to listen, advise, and guide you toward the protection you deserve. To schedule a confidential consultation, contact us today.
