Asylum & Protection from Removal
The United States offers protection to individuals who cannot safely return to their home country.
You may qualify for asylum if you have been persecuted — or fear future persecution — because of your:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Individuals who fear torture may also qualify for protection.
Each year, people come to the United States seeking safety after experiencing violence, threats, imprisonment, abuse, or other serious harm. If asylum is granted, you are allowed to remain in the United States and may eventually apply for permanent residence.
Who Can Apply?
You may apply for asylum if you are:
- Already physically present in the United States, or
- Seeking entry at a U.S. border, airport, or port of entry
You can apply regardless of your immigration status — even if you entered without permission or overstayed a visa.
Unlike refugee cases (which are processed outside the United States), asylum is for individuals who are already here or arriving at the border.
There is generally no annual limit on the number of asylum grants.
The One-Year Filing Deadline
In most cases, you must apply for asylum within one year of your last arrival in the United States.
However, exceptions may apply if:
- Conditions in your home country have changed,
- Your personal circumstances have changed in a way that affects eligibility, or
- Extraordinary circumstances prevented you from filing earlier.
Even when exceptions apply, the application must be filed within a reasonable time.
Because the one-year rule is strict and complex, careful legal analysis is critical.
Additional Forms of Protection
If someone does not qualify for asylum, they may still qualify for:
- Withholding of removal, or
- Protection under the Convention Against Torture (CAT)
These forms of protection have different legal standards but may still prevent removal to a country where the person would face serious harm.
Our Approach
Asylum cases are deeply personal and often involve trauma.
At Heflin Law, PLC, we approach protection cases with care, discretion, and preparation. As a mother-and-son immigration law firm in Phoenix, you will work directly with an attorney who will take the time to understand your story and carefully prepare your application.
Seeking protection is not just a legal process — it is about safety, dignity, and your future.
We are here to guide you with clarity and compassion.
