Asylum 

Pursuing Protection and Justice Through U.S. Asylum Law

For individuals escaping persecution, violence, or targeted discrimination, asylum in the United States offers a critical path to safety and dignity. The process, however, is legally intricate and emotionally taxing, especially for those navigating it alone. At Thompson Law Advocates, our mission is to stand with those seeking refuge, providing knowledgeable and compassionate legal guidance every step of the way.

Led by attorney Peter Thompson, our firm has more than 25 years of experience advocating for immigrants in removal proceedings, asylum claims, and federal criminal cases with immigration consequences. We are committed to helping clients present compelling claims for protection under U.S. asylum law and related humanitarian relief programs.

What Is Asylum?

Asylum is a form of protection granted to individuals who are physically present in the United States or seeking entry at a port of entry, and who cannot return to their home country due to a well-founded fear of persecution. The right to seek asylum is grounded in both U.S. and international law, including:

• Immigration and Nationality Act (INA) § 208 (8 U.S.C. § 1158) – Governs the eligibility and procedures for asylum in the U.S.
  
• 1951 Refugee Convention and 1967 Protocol – International treaties to which the U.S. is a signatory, defining refugee status and non-refoulement obligations.

To qualify for asylum, an individual must demonstrate that the persecution they have suffered or fear is due to one of five protected grounds:

1. Race
2. Religion
3. Nationality
4. Political opinion
5. Membership in a particular social group (PSG)

Common Asylum Claims We Handle

Our firm represents clients from a wide range of countries and backgrounds. Common fact patterns include:

• Political dissidents targeted by authoritarian regimes
• Religious minorities facing government-sanctioned violence
• LGBTQ+ individuals subjected to state or societal abuse
• Women fleeing gender-based persecution such as forced marriage or female genital mutilation
• Victims of domestic violence where the government is unwilling or unable to provide protection
• Journalists or activists facing reprisals for public expression

Our role is to carefully assess each client’s personal history and craft a legal strategy that links their story to the statutory and case law definitions of asylum eligibility.

The Asylum Process in Detail

1. Affirmative Asylum (USCIS)

If a person is not in removal proceedings, they may apply for asylum affirmatively through U.S. Citizenship and Immigration Services (USCIS) by filing Form I-589, Application for Asylum and for Withholding of Removal. Key aspects of the affirmative process include:

• One-Year Filing Deadline: Applicants must file within one year of their last entry into the U.S. unless they qualify for an exception due to changed circumstances or extraordinary circumstances.
• Biometrics Appointment: Fingerprinting and background checks are required.
• Asylum Interview: Conducted by a USCIS asylum officer. A legal representative may attend.
• Referral to Court: If the officer does not grant asylum, the case may be referred to immigration court for further review.

2. Defensive Asylum (Immigration Court)

If a person is already in removal proceedings, they must request asylum as a defense against deportation. This process involves:

• Appearing before an Immigration Judge (IJ) within the Executive Office for Immigration Review (EOIR)
• Presenting oral testimony, documentary evidence, and witnesses
• Cross-examination by a Department of Homeland Security (DHS) attorney
• A formal decision issued by the IJ, with possible appeal to the Board of Immigration Appeals (BIA)

At Thompson Law Advocates, we handle every aspect of both affirmative and defensive asylum applications with close attention to detail and strategic planning.

Bars to Asylum

Not every individual is eligible for asylum, even if they fear persecution. Statutory bars to asylum include:

• Convictions of particularly serious crimes
• Participation in persecution of others
• Firm resettlement in a third country before arriving in the U.S.
• Failure to file within one year of entry (absent a valid exception)

If a client is barred from asylum, we explore alternative humanitarian relief, such as:

• Withholding of Removal under INA § 241(b)(3)
• Relief under the Convention Against Torture (CAT)

These forms of protection have different legal standards and benefits but may still prevent deportation to a country where the individual would face harm.

Building a Successful Asylum Claim

We collaborate closely with our clients to build the strongest case possible, including:

• Preparing affidavits that clearly explain the applicant’s past experiences and fears
• Gathering corroborating documentation, such as country condition reports, expert declarations, police or medical records, and news articles
• Connecting clients with psychological and medical professionals to document trauma or abuse
• Preparing clients for interviews and hearings, including mock interviews and cross-examination coaching
• Coordinating translator services for interviews and filings when needed

Appeals and Federal Litigation

If an asylum claim is denied, applicants may appeal to the Board of Immigration Appeals (BIA) and, in some cases, petition for review in federal court. Our firm is experienced in filing motions to reopen, BIA briefs, and appeals before the U.S. Court of Appeals.

Federal litigation plays a critical role in cases involving legal errors, due process violations, or evolving standards in asylum law. Attorney Peter Thompson has litigated cases at all levels of the immigration system and has a strong record of handling complex appeals.

Crimmigration and Asylum

For asylum seekers with pending or past criminal charges, the intersection of immigration and criminal law—often called “crimmigration”—can be particularly daunting. We analyze the immigration consequences of criminal convictions and, where appropriate, work with criminal defense counsel to pursue post-conviction relief that may preserve eligibility for asylum or other relief.

Why Choose Thompson Law Advocates?

Thompson Law Advocates is grounded in a client-centered philosophy that emphasizes preparation, integrity, and persistence. When you choose us to represent you in your asylum case, you gain:

• A seasoned legal advocate who understands the stakes involved
• Step-by-step guidance through a complex and emotional process
• A team committed to protecting your rights and freedom
• Access to community resources and trauma-informed support

Contact Us

If you are fleeing persecution or worried about returning to your home country, you may qualify for asylum or another form of humanitarian protection. Do not wait—your right to apply may be subject to strict deadlines. Contact us today.