U.S. immigration law provides protection for certain individuals who have suffered persecution or fear returning to their home countries.
At Delgado Rompf Bruen LLC, we represent individuals seeking asylum in the United States. We help clients understand the legal standards that apply to their cases, develop and document their claims, and navigate proceedings before U.S. Citizenship and Immigration Services (USCIS) and the .
A person may qualify for asylum if they have suffered past persecution or have a well-founded fear of future persecution because of:
Establishing that harm occurred or may occur is not enough by itself. The applicant generally must also establish the ​connection between the persecution and one of these five protected grounds. Eligibility for asylum may also be affected by filing deadlines, prior immigration history, criminal history, previous residence in another country, and other statutory restrictions or bars. Because asylum law is highly fact-specific, careful analysis of both the facts and applicable law is important.
Learn more about our humanitarian immigration practice.
As a general rule, an asylum application must be filed within one year of the applicant’s arrival in the United States. There are exceptions for certain changed circumstances that materially affect eligibility for asylum and certain extraordinary circumstances related to a delay in filing. Whether an exception applies depends on the specific facts, and an applicant relying on an exception generally must also show that the application was filed within a reasonable period under the circumstances. Because the filing deadline can have significant consequences, individuals considering asylum should obtain advice about their options as early as possible.
Asylum cases generally proceed through either the affirmative asylum process or the defensive asylum process.
An individual who is not in removal proceedings generally files Form I-589, Application for Asylum and for withholding of removal, with USCIS. USCIS may schedule the applicant for an interview with an asylum officer. The applicant has the opportunity to explain the basis of the claim and submit testimony and supporting evidence regarding past persecution or the fear of returning to the home country.
A person in removal proceedings generally requests asylum before an immigration judge as a defense to removal. Defensive asylum proceedings are adversarial court proceedings. The applicant presents testimony and evidence to the immigration judge, and an attorney representing the Department of Homeland Security may challenge the application or other evidence in the case. Depending on the circumstances, an individual in removal proceedings may also seek withholding of removal or protection under the Convention Against Torture.
Asylum cases frequently depend on both the applicant’s testimony and evidence demonstrating the circumstances underlying the claim. Depending on the case, supporting evidence may include:
Not every case will have the same types of documentation. A lack of a particular document does not necessarily determine whether an individual qualifies for asylum. The evidence must be evaluated in light of the circumstances of the individual case.
A grant of asylum allows an individual to remain in the United States and provides important immigration benefits. A person granted asylum is authorized to work in the United States based on asylee status. A principal asylee may also be able to seek derivative asylum status for a qualifying spouse or unmarried child through Form I-730, subject to applicable eligibility and filing requirements. Asylees may also become eligible to adjust status to lawful permanent residence after satisfying the applicable physical-presence and other adjustment requirements.
Asylum law involves complex legal standards and often requires careful development of facts, testimony, corroborating evidence, and country conditions. Changes in immigration law, agency policy, and judicial decisions can also affect how particular claims are evaluated.
Delgado Rompf Bruen LLC works with clients to evaluate potential asylum claims, identify legal and evidentiary issues, prepare applications and supporting documentation, prepare for asylum interviews and immigration court hearings, and provide representation throughout the proceedings.
We understand that asylum cases often involve difficult personal experiences. Our goal is to provide clear legal advice, careful preparation, and compassionate representation while ensuring that our clients understand both the process and the issues that may affect their cases.
I had the pleasure of working with Marta Delgado for my immigration petition. From the moment I met with Marta, I felt confident she was the attorney I was looking for after many years of waiting. I was so nervous going into this process, but Marta walked me through the details more than once, giving me so much peace about it all. The process was seamless, and their turnaround time was QUICK! My whole case was started and closed within 10 months. I will always be grateful for their expertise and kindness along the way.
What a wonderful experience I had with Elizabeth and her team. Her professionalism made me feel at ease and comfortable throughout the process we went through. Thank you so much, Elizabeth!
I went through my Green Card and Citizenship applications with Elizabeth Rompf and every step of the way was fantastic. Incredibly professional, prompt, clear, and very attentive to details. I cannot recommend them enough! They're my absolute top pick for any immigration recommendations!
DRB helped us with securing a work visa for one of our staff members, communicated well, and helped explain the process.
I am full of gratitude while writing this review for Delgado Rompf Bruen Law. Thank you so much Marta for handling my case so beautifully. It has been only your diligence and professionalism in the work which guided my case to success. I am very fortunate to have you as an attorney. With other attorneys I've experienced ones who only took my money and promised to help me or never called me back. You're helping a lot of people with your honesty and great quality of work. I can't thank you enough. Yay, I am an American Citizen!
Elizabeth and her legal team were extremely helpful in my husband's green card case. They had us so prepared that the interview was a piece of cake. We didn't have a single issue. They were quick to reply to any questions we had and were very honest with us about any possible issues we could have. I would highly recommend her and her team.
I began working with Martha after a decade of having my immigration process handled by attorneys that worked for my employers and everything changed immediately. Martha was invested in my personal story and circumstances and took all the time I needed to talk me through the options and process. She was consistently professional, knowledgable, and compassionate. She even leveraged her network to get specific information about my interview site in the Bay Area which was invaluable the day of my naturalization interview. She's the BEST.
I've struggle for over 10 years to get my Permanent Resident status and have been represented by 4 immigration lawyers over that period. The last one I hired and who was able to resolve my immigration case is Elizabeth Rompf Bruen. The contrast of how she handled my case and the other 3 lawyers was obvious from the beginning. She was always available when I wanted to talk to her and provided the updates in my case as soon as she had one. I also noticed a different level of knowledge and expertise in comparison to the other 3 lawyers....
Marta was the most professional, accurate and caring lawyer I’ve encountered in the 6 years I’ve been living in the US, her work ethics are unmatched and without doubt was the best decision for my process. I recommend her to anyone that needs help, you will feel listened and she is incredible when it comes to explaining this procedures in a simple and straight forward manner. She will be my first option again when the time comes in the future.
Elizabeth has been my immigration attorney on multiple cases. She handled my 3 different cases over past 7 years including the recent immigration case that got approval last month. Whenever I need attorney help, the only person I reach out to is Elizabeth. She is knowledgeable and very professional in handling any case. Elizabeth always kept me informed about the status of my case. She is very responsive to my emails and phone calls. I highly recommend Elizabeth.
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