Asylum Representation in Los Angeles and Southern California

If you fled your home country because of violence, persecution, or fear of serious harm, you may have the right to seek asylum in the United States. Asylum is a form of legal protection that allows people who meet certain requirements to remain in this country safely, and in many cases, to eventually obtain a green card and a path to permanent status.

The asylum process is complex, deadline-driven, and deeply personal. The strength of an asylum case depends heavily on how it is prepared and presented. The Law Office of Martín O’Hara has represented asylum seekers from countries around the world, before both the USCIS Asylum Office and the Immigration Court.

Hablamos español. Call (213) 265-7348 to schedule a consultation.

Who May Qualify for Asylum

To qualify for asylum, you generally must show that you have suffered persecution (or have a well-founded fear of future persecution) in your home country based on one of five protected grounds:

Race: Persecution targeting you because of your racial or ethnic background
Religion: Persecution because of your religious beliefs or practices
Nationality: Targeting based on your national origin or citizenship
Political Opinion: Persecution because of your actual or perceived political views
Membership in a Particular Social Group: A broad category that can include, depending on the facts, things like family membership, gender, sexual orientation, or other shared characteristics that define a group

Proving an asylum case requires more than showing that your home country is dangerous or that you experienced hardship. You must connect your fear of persecution to one of these five grounds and show that your government was responsible for the persecution — or was unable or unwilling to protect you from it.

Every case is different. What qualifies as a “particular social group” has been extensively litigated and varies by country and circumstance. An experienced attorney can evaluate the specific facts of your situation and identify the strongest possible legal argument.

Affirmative Asylum vs. Defensive Asylum: What's the Difference?

There are two main ways to apply for asylum in the United States, and which path applies to you depends on your situation.

Affirmative Asylum. If you are not currently in removal proceedings (“immigration court”), you can file an asylum application proactively with USCIS. This is called affirmative asylum. Your application is reviewed by an asylum officer in a non-adversarial interview setting, meaning there is no government attorney arguing against you. If the officer does not grant asylum, the case is typically referred to immigration court.

Defensive Asylum. If you are already in removal proceedings (meaning an immigration judge is deciding whether to deport you) you can apply for asylum as a defense to removal. This is called defensive asylum. The case is heard in immigration court, and both sides present arguments before a judge.

The Law Office of Martín O’Hara handles both types of cases, from the initial application and asylum interview through full immigration court representation.

The One-Year Filing Deadline

One of the most important and frequently misunderstood rules in asylum law is the one-year filing deadline. In most cases, you must file your asylum application within one year of arriving in the United States. Missing this deadline can make you permanently ineligible for asylum, even if you would otherwise qualify.

There are certain exceptions to the one-year rule. Changed circumstances (such as a change in conditions in your home country or a change in your personal situation) or extraordinary circumstances (such as serious illness, legal disability, or ineffective assistance of prior counsel) may allow you to file after the deadline. But these exceptions are narrow and must be carefully argued.

If you have been in the United States for more than one year and have not filed for asylum, do not assume you have no options. Contact us to discuss your specific situation. Even if asylum is no longer available, there may be other forms of protection (such as withholding of removal or protection under the Convention Against Torture) that do not carry the one-year bar.

Related Forms of Protection: Withholding of Removal and CAT

Even if asylum is not available (whether because of the one-year bar, a prior deportation order, or other factors) there may be other forms of protection worth pursuing.

Withholding of Removal: Withholding of removal prevents deportation to a specific country if your life or freedom would be threatened there based on race, religion, nationality, political opinion, or membership in a particular social group. The standard of proof is higher than asylum because you must show it is “more likely than not” that you would face persecution, but it does not carry a one-year filing deadline and can be applied for even by those who are otherwise barred from asylum.

Convention Against Torture (CAT): Protection under the Convention Against Torture is available to people who can show it is more likely than not that they would be tortured if returned to their home country. Unlike asylum and withholding of removal, CAT protection does not require you to show that the persecution is tied to any of the five protected grounds, only that torture would occur. It is available even to people with serious criminal records who might be barred from other forms of relief.

Fled persecution or violence in your home country? You may qualify for asylum.

Even if you have been in the U.S. for years, there may still be options available to you. Call (213) 265-7348 or email Martin@MartinOharaLaw.com to schedule a consultation. Hablamos español.

What to Expect in the Asylum Process

Step 1: Preparation. A strong asylum case begins long before any interview or hearing. We work closely with you to as you document your story, gather supporting evidence, identify country condition reports and expert sources, and prepare you for the questions you will face. This preparation phase is where cases are won or lost.

Step 2: Filing. We prepare and file your asylum application (Form I-589) along with all supporting documentation. Every detail matters, because inconsistencies in an asylum application can be used against you.

Step 3: The Asylum Interview or Court Hearing. For affirmative cases, you attend an interview at the USCIS Asylum Office. For defensive cases, you appear before an immigration judge. Martín O’Hara accompanies you and represents you throughout.

Step 4: The Decision. If asylum is granted, you receive legal status and can apply for a green card after one year. If the case is not approved, there may be options to appeal, including to the Board of Immigration Appeals and, in some cases, the Ninth Circuit Court of Appeals.

Frequently Asked Questions About Asylum

Can I apply for asylum if I entered the U.S. without permission?

Yes. The way you entered the United States does not by itself bar you from applying for asylum. The key questions are whether you meet the legal requirements and whether you filed within one year of arriving (or qualify for an exception to that deadline).

Can I include my family in my asylum application?

Yes. A spouse and unmarried children under 21 who are in the United States may be included as derivatives on your asylum application, meaning they can receive asylum protection based on your case without filing separately.

What happens if my asylum case is denied?

If the USCIS Asylum Office denies an affirmative asylum application and refers the case to immigration court, you have the opportunity to present your case before an immigration judge. If the judge denies the case, you have the right to appeal to the Board of Immigration Appeals, and potentially to the Ninth Circuit Court of Appeals after that.

I was previously deported. Can I still apply for asylum?

In most cases, a prior deportation order creates a significant barrier to asylum eligibility. However, there are limited exceptions, and if you believe you face persecution if returned to your home country, it is worth speaking with an attorney about what options may exist.

How long does the asylum process take?

It varies significantly. Affirmative asylum cases at the USCIS Asylum Office can take anywhere from several months to several years depending on backlog. Defensive asylum cases in immigration court can also take between several months and several years. An attorney can give you a more realistic estimate based on which office or court is handling your case.

Talk to an Asylum Lawyer Today

Asylum cases are time-sensitive and fact-intensive. The sooner you speak with an attorney, the more options you are likely to have, especially if the one-year filing deadline is approaching or has already passed. Martín O’Hara represents asylum seekers across Southern California, in English and in Spanish.