Asylum & Humanitarian Immigration Attorney

Asylum and humanitarian protection covers every route by which a person who fears persecution, has survived crime or abuse, or faces removal can obtain safety and lawful status in the United States. This page describes each service, explains which one fits which situation, and tells you what happens at the first consultation; the linked service pages carry the detail.

Our services in this area

Affirmative asylum applications. For people in the United States, not in removal proceedings, who fear persecution on account of race, religion, nationality, political opinion or membership in a particular social group. We prepare Form I-589 and the evidence, attend the USCIS interview, and stay on if the case is referred to court.
Green card through asylum. One year after a grant of asylum, you and your derivative family members can apply for permanent residence on Form I-485. We prepare the application, resolve inadmissibility issues early, and press USCIS when the case stalls.
Special Immigrant Juvenile Status. For children and young adults under 21 who cannot safely reunite with a parent because of abuse, neglect or abandonment. We handle the state court findings, the Form I-360 petition, protection while the young person waits for a visa number, and the green card.
U visa, T visa and VAWA. For survivors of crime, trafficking and domestic abuse who need status that does not depend on the person who harmed them. We prepare U visa petitions and the law enforcement certification, T visa applications, VAWA self-petitions for abused spouses and children of U.S. citizens and residents and abused parents of U.S. citizens, and VAWA cancellation of removal in court.
Immigration detention and bond. When ICE arrests someone, we locate the person, request a bond hearing, argue for release before the immigration judge, appeal bond denials to the Board of Immigration Appeals, and keep the underlying case moving.
Removal defense. Representation from the Notice to Appear through the individual hearing and any appeal, including defensive asylum, withholding and Convention Against Torture claims, cancellation of removal, adjustment of status before the judge, and motions to reopen old or in absentia orders.

Two court-side tools support all of the above: a habeas corpus petition, which asks a federal judge whether detention is lawful, and BIA appeals and motions, which challenge an immigration judge's or USCIS decision through the Board and the federal courts of appeals.

Which route fits your situation

You fear returning to your country. Asylum is the primary route, with a path to a green card and status for your spouse and children. If asylum is barred, most often by the one-year deadline, withholding of removal and Convention Against Torture protection remain available; both require a higher showing of likely harm and are decided only by an immigration judge.
You were the victim of a crime, or were abused by a U.S. citizen or permanent resident spouse or parent. The U visa covers victims of qualifying crimes who have been helpful to law enforcement, the T visa covers trafficking survivors, and the VAWA self-petition lets the abused family member apply alone, without the abuser's knowledge.
A child under 21 has been abused, neglected or abandoned by a parent. Special Immigrant Juvenile Status is built for this, and because the state court must act while it still has jurisdiction over the young person, the case should begin early.
You already have asylum. After one year, the next step is the green card through asylum, including for a spouse and children with derivative asylum.
You or a family member are detained. Start with a bond hearing request. If the judge denies bond, lacks authority to hear it, or detention drags on, a habeas corpus petition in federal court follows.
You have a Notice to Appear or a hearing date. Removal defense is the framework within which the relief above is presented; U visa and VAWA petitions still go to USCIS while the court case continues.

These routes often overlap, and the order in which they are pursued matters, so we map every option before filing anything.

The one-year asylum deadline

Form I-589 must generally be filed within one year of your last arrival in the United States. Exceptions exist for changed circumstances, such as a new threat, and for extraordinary circumstances, such as serious illness or a period of lawful status, but each must be proven and the application filed within a reasonable time afterward. If you are near or past the one-year mark, contact us immediately.

How we triage your case at the first consultation

The first meeting is a structured review of your entry dates and status, any notice or hearing date, whether anyone is detained, the harm you suffered or fear, your family ties, any arrests or convictions, and any prior application. From that we identify the controlling deadlines, the routes realistically open and the evidence each needs. Bring whatever you have: passports and entry records, letters from USCIS, ICE or the immigration court, police reports, medical and counseling records, protective orders, court papers concerning a child, and proof of family relationships. Missing documents are no reason to stay away; many claims rest on your own account, which we help you prepare.

Confidentiality

Everything you tell us is protected by attorney-client privilege. Asylum applications are confidential under federal regulation, and U visa, T visa and VAWA filings carry statutory protections that bar the government from disclosing the filing or relying on information supplied by the abuser or trafficker. We contact no one about your case without your instruction.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School who combines immigration representation with federal litigation, so every stage of a case is handled by one team. Claims are handled in English, Turkish, Spanish, Portuguese and French. We represent clients from our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis, in the immigration courts and the federal courts of Virginia, Maryland, New York, Minnesota and the District of Columbia, as part of our wider immigration law practice.

Learn more

Talk to an asylum and humanitarian protection attorney

If you fear return, have survived a crime or abuse, have a child who needs protection, or have a family member detained or in court, tell us your situation and we will identify the route. Schedule a confidential consultation or call +1 (202) 440-2272.

Frequently Asked Questions

What is the difference between asylum, withholding of removal and protection under the Convention Against Torture?

Asylum requires a well-founded fear of persecution on a protected ground and leads to a green card, derivative status for your spouse and children, and travel documents. Withholding of removal and Convention Against Torture protection require you to show that harm is more likely than not, are decided only by an immigration judge, and prevent removal to the country of harm without offering a path to permanent residence or status for family members.

I have been in the United States for more than a year. Can I still apply for asylum?

Possibly. The one-year deadline has exceptions for changed circumstances, such as a new threat or a change in your country's government, and for extraordinary circumstances, such as serious illness or a period of lawful status, provided you file within a reasonable time after the circumstance arises. If no exception applies, withholding of removal and Convention Against Torture protection remain available in removal proceedings. We assess the deadline question at the first consultation.

I am already in removal proceedings. Can I still apply for asylum, a U visa or VAWA?

Yes. Asylum, withholding of removal and Convention Against Torture protection are presented to the immigration judge as defenses to removal. U visa petitions and VAWA self-petitions are filed with USCIS even while the court case continues, and we ask the court for a continuance or other relief while USCIS decides. People in court may also qualify for VAWA cancellation of removal, which the judge decides directly.

Do I need a police report or criminal charges to qualify for a U visa or VAWA?

A U visa requires a certification from a law enforcement agency confirming that you were a victim of qualifying criminal activity and have been helpful, but it does not require that charges be filed or that anyone be convicted. A VAWA self-petition requires no police involvement at all; the abuse is proven through your declaration, medical or counseling records, protective orders, photographs and statements from people who knew what was happening.

Can my child qualify for SIJS if one parent is still caring for them?

Yes. The law requires a state court finding that reunification with one or both parents is not viable because of abuse, neglect, abandonment or a similar basis under state law. A child living safely with a protective parent in the United States can qualify based on the other parent's conduct. Timing is critical, because the state court must issue its findings while it still has jurisdiction over the young person.

How soon after winning asylum can I apply for a green card, and does my family apply too?

You may file Form I-485 after one year of physical presence in the United States as an asylee. A spouse and unmarried children who received derivative asylum file their own applications once they meet the same one-year requirement. There is no deadline to apply, but delay carries risks, so we recommend filing as soon as you are eligible. If an inadmissibility issue exists, a waiver may be available.

ICE has detained my family member. What should we do first?

Locate the person using ICE's online detainee locator and note the facility, then call us. We confirm whether the person is eligible for bond, request a hearing before the immigration judge, and gather the evidence of community ties that supports release. If the judge denies bond, declines to hear the request, or detention becomes prolonged, we file a habeas corpus petition in federal court. Avoid signing any document before speaking with a lawyer.

Will the government tell my abuser or my home country that I applied?

No. Asylum applications are confidential under federal regulation, and the government may not disclose your filing to third parties, including your home government, except in narrow circumstances. U visa, T visa and VAWA cases carry statutory confidentiality protections that prohibit disclosure of your application and bar the government from relying on information supplied by the abuser or trafficker. Everything you tell us is also protected by attorney-client privilege.