Humanitarian Protection When You Need It Most
If you are afraid to return to your home country because of violence, persecution, or threats to your life or freedom, asylum may offer you a path to safety in the United States.
At Diaz & Gaeta Law, we understand that behind every asylum case there is a story of fear, courage, and survival. Our immigration team is here to listen to your story, explain your options clearly, and guide you through every step of the asylum process with respect and compassion.
What Is Asylum?
Asylum is a form of protection for people who are already in the United States or at a U.S. border and cannot return to their home country because they have been persecuted or fear future persecution based on:
- Race.
- Religion.
- Nationality.
- Political opinion.
- Membership in a particular social group.
If granted asylum, you may be able to live and work in the U.S., bring certain family members to join you, and eventually apply for a green card.
Who May Qualify for Asylum?
You may be eligible to seek asylum if:
- You are physically present in the United States or at a U.S. port of entry.
- You have been harmed in the past or fear serious harm in the future in your home country, and
- The harm is connected to one of the protected grounds (race, religion, nationality, political opinion, or membership in a particular social group).
Common examples of people who may seek asylum include:
- Political activists targeted by their government or groups that the government cannot control.
- Journalists, human rights workers, or community leaders who receive threats or attacks.
- Survivors of domestic violence or gang violence, in certain circumstances.
- People who are persecuted because of their religion or religious activities.
- Individuals targeted because of their ethnicity or nationality.
Every case is unique. Even if you are not sure whether your situation qualifies, it is important to speak with an experienced asylum attorney about your options.
Affirmative vs. Defensive Asylum
There are two main ways to apply for asylum in the United States:
Affirmative Asylum
- You are not in removal (deportation) proceedings.
- You file Form I-589 with U.S. Citizenship and Immigration Services (USCIS).
- You will usually attend an interview with an asylum officer to explain your case.
Defensive Asylum
- You are already in removal proceedings before an immigration judge.
- You request asylum as a defense against deportation.
- Your case is presented in immigration court, where you and your attorney can submit evidence and testimony.
Our team handles both affirmative and defensive asylum cases and can help you understand which option applies to you.
How Diaz & Gaeta Law Helps with Asylum Cases
Asylum cases are often complex and highly detailed. Many are decided based on how clearly and consistently your story is presented and supported. At Diaz & Gaeta Law, we help by:
- Listening to your story carefully to understand what you lived through and what you fear may happen if you return.
- Evaluating your eligibility for asylum and other forms of protection, such as withholding of removal or protection under the Convention Against Torture (CAT).
- Preparing and filing your application (Form I-589) with strong, organized evidence.
- Gathering supporting documents, such as country condition reports, medical records, police reports, psychological evaluations, and witness statements, where appropriate.
- Preparing you for your interview or court hearing, so you know what to expect and feel more confident telling your story.
- Representing you before USCIS or in immigration court, presenting legal arguments and evidence on your behalf.
- Advising you about the next steps after a decision, including appeals or options for family members.
We know that sharing painful experiences can be difficult. Our attorneys and staff take time to create a safe, supportive environment so you can speak openly and be heard.
Why Work with Diaz & Gaeta Law on Your Asylum Case?
- Experienced immigration team handling complex asylum and humanitarian cases.
- Bilingual staff (English and Spanish) and culturally sensitive representation.
- Clear communication about your case, timelines, and what to expect at each stage.
- A holistic approach that considers how your immigration case may affect your family, your work, and your plans.
When your safety and your future are at stake, you deserve a team that will treat your case with the seriousness and care it deserves.
Frequently Asked Questions About Asylum
How long do I have to apply for asylum?
In many cases, you must apply for asylum within one year of your last arrival in the United States. There are limited exceptions for changed circumstances or extraordinary circumstances. If you think you may have missed the deadline, talk to an attorney as soon as possible to see whether an exception might apply in your situation.
Can I include my family in my asylum application?
In many cases, you can include your spouse and unmarried children under 21 who are in the United States on your application. If they are outside the U.S., you may be able to petition for them later if your asylum is granted.
Can I work while my asylum case is pending?
You may be eligible to apply for a work permit (employment authorization) after your asylum application has been pending for a certain period of time, if you meet the legal requirements.
What happens if my asylum case is denied?
What happens next depends on whether your case was before USCIS or an immigration court. You may have options such as appealing the decision or exploring other forms of relief. An attorney can explain your options based on the specific facts of your case.
Is everything I tell my attorney confidential?
Yes. Conversations with your attorney are confidential. We know how sensitive asylum cases can be, and we take your privacy very seriously.
Talk to an Asylum Attorney About Your Case
If you are afraid to return to your home country, you do not have to face this process alone. The decisions you make now can affect your safety and your family’s future for years to come.
Contact Diaz & Gaeta Law today to schedule a confidential consultation with our immigration team 678-503-2780. We will review your situation, explain your options in clear language, and help you take the next step toward protection in the United States.
