What does asylum and humanitarian immigration cover?
Asylum and humanitarian immigration is the part of US law that protects people from serious harm rather than sponsoring them through a job or a relative. An asylum lawyer helps you work out which of these protections fits your situation and present it properly. The law rests on two ideas. First, no one should be returned to a country where they will be persecuted or tortured. Second, survivors of serious crimes, trafficking and family abuse in the United States should not have to depend on the person who harmed them.
Which five protections does an asylum lawyer handle?
Five forms of protection make up this area of practice. Two look outward, at danger in another country. Three look inward, at harm that happened here, and offer immigration help for crime victims and survivors of abuse.
- Asylum Protection under INA § 208 for people who were persecuted, or fear persecution, because of race, religion, nationality, political opinion or membership in a particular social group. It leads to a green card and, later, citizenship.
- Withholding of removal A related protection under INA § 241(b)(3), decided by an immigration judge, that prevents return to one specific country. It has no filing deadline but a higher standard of proof, and it does not lead to a green card. The withholding of removal page explains that standard.
- U visa Status for victims of certain serious crimes in the United States who suffered substantial harm and have helped, or are willing to help, the police or prosecutors.
- T visa Status for survivors of sex or labor trafficking who are in the United States because of that trafficking. Our page on the T visa for trafficking survivors explains who qualifies and how cooperation with law enforcement is shown.
- VAWA self-petition A green card route for people abused by a US citizen or permanent resident spouse, parent or adult child. You file it without the abuser’s knowledge or involvement, as the VAWA self-petition page describes.
How do asylum, withholding and the victim-based visas differ?
The five protections differ in who decides them, how much you must prove, and where they lead. The table below sets out the headline differences; each matter page explains the details.
| Protection | Main form | Filing deadline | Path to a green card |
|---|---|---|---|
| Asylum | I-589 | Generally one year from last arrival | Yes, one year after the grant |
| Withholding of removal | I-589, in immigration court | None | No |
| U visa | I-918 with Supplement B | None | Yes, after three years in U status |
| T visa | I-914 | None | Yes, generally after three years in T status |
| VAWA self-petition | I-360 | None in most cases | Yes, through Form I-485 |
Some people qualify for more than one. For example, a person who was attacked here after fleeing danger abroad might have both an asylum claim and a U visa claim. In that case, the order of filing matters. The asylum applications page and the U visa page each explain how the two interact.
Is what you tell an asylum lawyer kept private?
Yes. Everything you tell an asylum lawyer while seeking legal advice is confidential. That includes a free first consultation, and it holds even if you decide not to go ahead. We do not share your account with anyone without your permission.
Federal law adds its own protections for the applications themselves, and they are stronger than many people expect.
- Asylum records Under 8 C.F.R. § 208.6, the government generally may not disclose information in an asylum application, or even the fact that you applied, to third parties without your written consent. That includes the government of the country you fled.
- U visa, T visa and VAWA records Under 8 U.S.C. § 1367, immigration officials generally may not disclose information about these cases to anyone. They also may not make an adverse decision based only on information supplied by the abuser, trafficker or perpetrator, or by members of their family.
These protections have limited exceptions, for example for law enforcement and national security purposes. An attorney can explain how they apply to your own situation before you decide anything.
Can family members be protected in the same case?
In most of these routes, yes. The law recognizes that protecting one person rarely means much if their spouse or children remain at risk.
An asylum applicant can include a spouse and unmarried children under twenty-one who are in the United States. After a grant, an asylee can file Form I-730 to bring a spouse or child from abroad, generally within two years. U and T visa applicants can request status for certain relatives through Supplement A, and a VAWA self-petition can include the self-petitioner’s children.
Withholding of removal is different. It protects only the person who receives it. That is one reason an asylum lawyer will usually look at asylum first when the one-year deadline allows.
What happens if you are already in immigration court?
If you are in removal proceedings, an immigration judge decides asylum and withholding of removal, and USCIS still decides U visas, T visas and VAWA self-petitions. The court case and the USCIS case run side by side, and each can affect the other.
A pending U, T or VAWA filing can support a request to the judge to pause or close the court case while USCIS decides. Whether a judge will agree depends on the facts and on current court practice. The removal proceedings page explains how a court case moves from the first hearing to a decision.
Being in court does not mean the outcome is already decided. Many people present their protection claims for the first time in court, and the judge hears the full account before ruling.
What should you bring to a first meeting with an asylum lawyer?
You do not need to bring anything except yourself. It helps to bring what you already have, but no one expects a complete file at the first meeting. You also choose how much of your story to share on the first day.
- Identity documents A passport, national ID or birth certificate, if you have them. Many people who fled do not, and that is not the end of a case.
- Any immigration papers An I-94 record, a Notice to Appear, earlier applications, or letters from USCIS or the immigration court.
- Anything about what happened Police reports, medical records, messages or photographs, if they exist and it is safe to gather them.
You can speak in Armenian, Russian, Spanish or English, and you can bring someone you trust for support. The how the process works page describes what happens after the first conversation.
How long do humanitarian immigration cases take?
Humanitarian cases usually take longer than family or employment cases, often several years from filing to a final green card. The range depends on the route, on current backlogs at USCIS and the immigration courts, and on whether the case is decided in an interview or a hearing.
A long wait does not have to mean a wait without rights. A pending asylum case, or a U or T visa case that USCIS finds bona fide, can open the way to work authorization while the decision is pending. Processing times and the rules on work permits change often. For that reason, an asylum lawyer will give you the current range for your route rather than a fixed promise.
What does an asylum lawyer charge for a humanitarian case?
We quote each matter as a flat fee, agreed in writing before any work begins. The price does not rise because USCIS reschedules an interview or a case takes longer than expected. USCIS or the agency sets government filing fees, where they apply, and you pay them separately. The fees and consultations page explains what the flat fee includes.
The first conversation is free, private and about thirty minutes long. You can arrange a consultation in person in Glendale, by phone or by video, wherever you live in Los Angeles County. If you are looking for an asylum lawyer in Los Angeles or a humanitarian immigration lawyer who speaks your language, we are glad to hear from you.