I-589 Asylum Attorney

Affirmative asylum is the process for people who are already in the United States, are not in removal proceedings, and ask USCIS for protection because they fear persecution at home. Capitol Law Partners prepares Form I-589 applications, builds the evidence that supports your claim, and represents you at the asylum interview. If your case is referred to immigration court, we continue to represent you in removal proceedings.

Who qualifies for asylum

You may be granted asylum if you have suffered persecution, or have a well-founded fear of future persecution, in your home country because of your race, religion, nationality, political opinion, or membership in a particular social group. The persecutor must be the government or a group the government cannot or will not control. Your own credible, detailed testimony is central, but USCIS expects corroborating evidence wherever it is reasonably available.

Certain bars apply, including persecution of others, serious criminal convictions, firm resettlement in another country, and security grounds. We screen for these at the first meeting so there are no surprises later.

The one-year filing deadline

Form I-589 must generally be filed within one year of your last arrival in the United States. The deadline is strict, and missing it can limit you to withholding of removal or protection under the Convention Against Torture, which are harder to win and carry fewer benefits. Exceptions exist for changed circumstances, such as a new government or a new threat, and for extraordinary circumstances, such as serious illness, legal disability, or having maintained lawful status. If you are close to or past the one-year mark, contact us immediately.

What goes into a strong I-589 application

Form I-589 completed accurately and consistently with every other document in your immigration history.
A written declaration telling your story in your own words with dates, places, people and what happened, organized so the officer can follow it.
Identity and travel documents, including passports, visas, I-94 records and prior filings.
Corroborating evidence such as police or medical reports, threats, membership cards, photographs, news reports and witness statements.
Country-conditions evidence from the State Department, UNHCR, human rights organizations and reputable press, tied to your specific claim.
Expert reports where a psychological evaluation or a country expert will help.
Certified translations of every foreign-language document.

The affirmative asylum process

Filing. We file Form I-589 with USCIS, online or by mail depending on your situation, and track the receipt. Congress added new asylum-related fees in 2025; we confirm the current amounts with you before filing.
Biometrics. USCIS schedules fingerprints and a photo at an Application Support Center.
Work authorization. You may apply for an employment authorization document 150 days after filing, and it can be approved once 180 days have passed on the asylum clock. Delays caused by the applicant stop the clock, so we manage the schedule carefully.
The asylum interview. An asylum officer interviews you under oath, usually at the asylum office with jurisdiction over your address: the Arlington office for Washington, DC and Northern Virginia, the New York office, or the Chicago office for Minnesota. We prepare you with mock interviews and attend the interview with you.
Decision. USCIS may grant asylum, refer the case to the immigration court if you have no lawful status, or issue a notice of intent to deny if you are in status.
After a grant. You can work, apply for a Social Security number and a refugee travel document, petition for a spouse and children abroad on Form I-730 within two years, and apply for a green card one year after the grant.

Family members

Your spouse and unmarried children under 21 who are in the United States can be included in your I-589. If they are abroad, they can follow to join on Form I-730 after your asylum is granted.

Why hire an asylum attorney

Asylum officers decide credibility on details, consistency and corroboration. The most common reasons claims fail are a vague or inconsistent story, missing evidence that could have been obtained, an unprepared applicant, and a claim framed around the wrong protected ground. We shape the legal theory, prepare the declaration with you, source the evidence, and make sure your interview testimony matches your file.

Your asylum attorneys

Capitol Law Partners represents asylum applicants from Washington, DC, Herndon, Virginia, New York and Minneapolis. We work in English, Turkish, Spanish, Portuguese and French, and we treat every claim with the discretion it deserves.

Learn more about asylum and Form I-589

After asylum, and for young people

One year after a grant, asylees can apply for permanent residence. Our green card through asylum service handles that adjustment, including derivative family members. For children who have been abused, neglected or abandoned by a parent, Special Immigrant Juvenile Status can be a separate route to a green card, and we often evaluate it alongside asylum.

Talk to an asylum attorney

If you fear returning to your country, do not wait for the one-year deadline to approach. Schedule a confidential consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Is there a fee to file Form I-589?

For many years the I-589 had no filing fee. Legislation passed in 2025 introduced new asylum-related fees, including fees tied to the application and to work authorization for asylum applicants. We confirm the current amounts with you before filing.

Can I apply for asylum if I entered without a visa or overstayed?

Yes. Asylum is available regardless of how you entered or whether your status has expired, as long as you are physically in the United States and file within one year of your last arrival or qualify for an exception.

How long does the affirmative asylum process take?

It varies widely. USCIS schedules interviews with the most recent filings first, so some applicants are interviewed within months while others wait years. Decisions usually follow within weeks of the interview. For cases that have waited unreasonably long, we can pursue an expedite request or a federal mandamus lawsuit.

When can I get a work permit?

You may file Form I-765 once your asylum application has been pending for 150 days, and USCIS can approve it after 180 days on the asylum clock. Requests to reschedule your interview or other applicant-caused delays stop the clock.

What happens if USCIS does not grant my asylum?

If you have no lawful status, USCIS refers the case to the immigration court, where you present it again before a judge and we defend you in removal proceedings. If you are still in a valid status, USCIS issues a notice of intent to deny and you may respond before a final decision.

Can I travel while my asylum application is pending?

Leaving the United States without advance parole generally abandons a pending application, and traveling to your home country can undermine your claim even with advance parole. Talk to us before making any travel plans.

Can my spouse and children be included in my application?

Yes. A spouse and unmarried children under 21 who are in the United States can be included on your I-589. Family members abroad can follow to join on Form I-730 within two years after asylum is granted.

What is the difference between affirmative and defensive asylum?

Affirmative asylum is filed with USCIS by someone who is not in removal proceedings. Defensive asylum is raised before an immigration judge as a defense to removal, including when USCIS refers an affirmative case to court. We handle both.

Drop us a message today!

Asylum Attorney for Form I-589 Applications