Asking a lawyer whether you need a lawyer for your asylum case is kind-of like asking a pastry chef whether you should have dessert. My answer: Of course you should hire a lawyer, and have a double helping of Windsor Torte while you’re at it.
A decent lawyer can help you prepare and present your case, and increase the likelihood of a successful outcome. However, there are some people who need a lawyer more than others, and if your resources are limited, you will have to decide how best to prioritize your needs.
So how do we know that a lawyer actually improves the chances for success? And who really needs a lawyer, anyway?
First, there has been at least one statistical analysis of how lawyers impact asylum cases, and the result is pretty definitive: Lawyers matter. A study of asylum decisions in Immigration Court by TRAC Immigration finds that, on average, asylum applicants with a lawyer win about 51.5% of their cases. Asylum applicants without a lawyer win only about 11% of their cases (the effect was even more disparate for “priority” cases involving women and children). That’s a big difference, but there are a few caveats to these numbers.
For one thing, the cases reviewed in the study were in court. Such cases are adversarial, and can be procedurally complex, as compared to cases before the Asylum Office. Thus, it is harder for an unrepresented applicant in court to win his case. Also, some applicants receive pro bono (free) legal assistance. However, it is more difficult to get a pro bono attorney if you have a weak or meritless case (or if you have criminal convictions). This creates a vicious cycle, where applicants with bad cases are less likely to receive legal representation, and I think it probably skews the statistics, making it appear that people without lawyers are more likely to lose their cases (since people with weak cases have a harder time finding legal representation). Even considering these factors, it does appear that competent representation makes it more likely that an applicant will be granted asylum.
But if you are like many asylum seekers, you have limited resources. Attorneys can be expensive, and pro bono representation can be difficult to secure. So who really needs an attorney, and who can get by without one?
If your case is before an Immigration Court, it is best to have a lawyer. Most judges will pressure you to get a lawyer, and they will usually give you an extension of time to find an attorney. Court cases are adversarial, which means that if the ICE attorney aggressively opposes relief, it can be very difficult—even for an applicant with a strong case—to effectively present his case, avoid any pitfalls, and obtain a grant.
For applicants whose cases are before the Asylum Office, the story is a bit less clear-cut. Asylum Office cases are (supposedly) non-adversarial. The procedural requirements are generally (but not always) less stringent. Many people prepare their cases and attend the asylum interview without the help of a lawyer (some use paid “translators,” with mixed degrees of success), and there are many examples of pro se (unrepresented) applicants who receive asylum. There are, however, some red flags, which, if present, militate in favor of hiring an attorney.
Asylum applications may be denied if they are not filed within one year of the alien’s arrival in the U.S. There are exceptions to this rule, but if you are filing for asylum more than a year after you’ve come to the United States, it is a good idea to have an attorney.
Asylum applications can also be denied if the applicant has been convicted of a crime, or if the applicant “persecuted” others in her home country (or elsewhere). If you’ve been convicted of a crime, or if you fall into a category where the U.S. government might suspect you of persecuting others (such as police officers, members of the military, members or supporters of armed groups), you should have a lawyer.
In addition, people who provided “material support” to terrorists are barred from asylum. Unfortunately, that covers a broad range of activities. So if you’ve given money or any type of support to a terrorist group—even if you did it under duress—you need a lawyer. Doctors who treated combatants fall into this category.
Other issues that might require the help of an attorney include travel back to the home country (especially after an instance of persecution), or living in a third country before coming to the United States.
Finally, to win asylum, the applicant must show that she faces persecution “on account of” race, religion, nationality, political opinion or particular social group. If you do not obviously fit into one of these categories, it is helpful to have an attorney, who can make a legal argument that your case falls into a protected category, and that you are thus eligible for asylum.
Even if there are no obvious issues in your case, a lawyer’s advice can be helpful. Sometimes, there are problems in a case that are not apparent until a lawyer reviews it. You are far better off identifying and addressing such issues before they become a problem. For those who cannot afford an attorney, or who choose to do their cases pro se, it is possible to win. But some cases are more difficult to win than others, and-especially for these problem cases—the help of a competent attorney can make all the difference.
[…] 90% of the time; those with lawyers were denied only 48% of the time. While I think this disparity exaggerates the benefit of lawyers (because people with weak cases are often less likely to have […]
Dear Jason, I am in US 3 months now but I’m lesbian and seriously afraid to go back. I’m afraid people might kill me because I’m gay. I’ve been threatened several times and the one person who I trusted and would usually help me died since year. Can I apply for asylum? ,
Dear Jason, I am in US 3 months now but I’m lesbian and seriously afraid to go back. I’m afraid people might kill me because I’m gay. I’ve been threatened several times and the one person who I trusted and would usually help me died since year. Can I apply for asylum?
If you fear persecution on account of your sexual orientation, that is a basis for asylum. Hopefully, you can get some evidence of the threats and put together a strong case. Also, remember that you have to file within one year of arriving in the US. Take care, Jason
Hi Jason,
I’m a Pakistani girl.
I came to USA in 2015 under student visa. I visited Pakistan in 2016 summer vacations. I was persecuted over there. I was raised in Saudi Arabia. So after the persecution,I fled back to Saudi Arabia. I finished my studies, but I can’t go back to Saudi Arabia because my residency has been cancelled. So if I were to go back, I would have to go to Pakistan. But I don’t want to because I fear persecution and I not being being treated right due to my religion (Christian). I went to Pakistan twice after being persecuted because I couldn’t enter Saudi Arabia. What is my chances of winning the case?
Also I have an attorney but she won’t be able to go with me to the interview. Is it’s bad?
I cannot tell from your post how strong your case is. In general, a Christian from Pakistan may have a strong case for asylum, but it depends on the specifics. If your attorney cannot attend the interview, she should help you identify a lawyer who can attend. The attorney’s job at the interview is fairly limited, but it is better to have a lawyer if possible. Also, I would more concerned about the fact that your attorney seems not to have evaluated your case, or identified to you what parts of your case are important. The attorney should explain your case to you, evaluate the likelihood of success, help you prepare the case, and practice with you for the interview. If she is not doing these things, you should ask her why not, and if necessary, find a new lawyer. Take care, Jason
Hi Jason,
Do you think it is possible to seek an asylum for people from Ukraine, who try to work and do business honestly, but cant do the business without bribing, which takes the major part of the income leaving nothing for myself. Considering hard political (war with Russia) and economical situation, I can definitely say that I am experiencing persecution in my home country by all the officials who continue this fake war with Russia as they are making money on it, whereas people who try to work honestly have to survive and bribe them. Do you think i can seek an asylym or this might not be the case. i just want to work honestly in the counrty that apprciates labour and does not make people pay bribes to earn for living. Thanks!
I think this is a difficult case. It is possible to win asylum if there is severe economic persecution, and maybe this is considered economic persecution. However, you have to show that the persecution is “on account of” a protected category, such as political opinion or particular social group (honest businesspeople?). Theoretically, it may be possible to win, but I think it will be difficult. Talk to a lawyer to review the specific cases, as maybe there are other angles I do not know about. Take care, Jason
Hello dear, I’m 24 years old from The kingdom of Saudi Arabia. I have recently graduated with my bachelor degree here in NYC. In addition, I have just returned to the US to start an OPT, since I haven’t been in KSA for more than 4 years prior to my recent visit. After the intellectual confident i have gained throughout my Academic involvement I have learned a lot about my self and most importantly about my identity as an individual, I feel that I’m beyond the term Gay, if obligated to label I would be a TS. I have seen consoles in before graduating in a regular basis in addition to a medical psychiatrist about my Psychological struggles and fear being openly gay in KSA.
Therefore, during my recent visit to KSA, I was sufficiently comfortable and confident to share my thoughts and hypotheses regarding identity with my family… the conversation intensified as the topic of homosexuality is considred to be Crime, Sin and a psychological disease !!! as the conversation evolved we shifted to religion, since I’m an agnostic, I have confidently declared my own view and interpretation of Islam, hence I have been physically assaulted and threatened from a family members, if I shared my ideology with anyone. Consequently, they have confiscated my Bank account, my national ID and my almost expired passport which has my F1 visa, thankfully I was able to renew my passport on my own and made an interview at the US console and granted an F1 visa with 5 years extension to complete my OPT.
I would appreciate if you can please advice me and if you think that I need an attorney to represent my case for an asylum ?
It always helps to have a good lawyer, but it depends on what you can afford and how comfortable you are. It sounds to me like a strong case. You might contact an immigration non-profit to see whether they could help you. In NYC, I think there is Immigration Equality and they specifically deal with sexual orientation asylum cases. Take care, Jason
Thank you Dear Jason:)!
Dear Jason.i need your advice.i came to U.S. as an international student. My dad refused to pay my tution bse i revealed wat he did to me to my mom who reported the incident to police.he was arrested but then the charges were dropped.he bribed his way out.
The case file vanished.so there was no case for him to answer. He threatened to kill me but with the help of my mother i came to U.S. i have been here for 1.5 years .can i apply for asylum or it’s late for that??
.i was raped by my father.
If you are still in valid F-1 status, you meet an exception to the one-year rule (I wrote about that on January 18, 2018). If not, you can still file for asylum, but it may be difficult to overcome the one-year filing rule. There are other exceptions (as I discuss in the article), including for people who have suffered psychological trauma. I think you would do well to seek help from a lawyer in this case, as it does not easily fit within the parameters of asylum, though I suspect it should be win-able. If you cannot afford a lawyer, I wrote about how to find a free lawyer on September 22, 2016. Take care, Jason
Hi Jason,
Am from India i was married in June 2007 with a girl that i chose to marry as we have marriages arranged from parents and elders custom in India, I chose to marry a girl who i liked from a different caste. However her parents were against it still we went ahead with the marriage now since am from a different caste her parents have repeatedly tried to harm us because of which we are having a difficult time living a normal life in India. Her parents want her to come back to their family instead of being with me, we have 2 kids, one was born in US when i was in US on a H1b visa now am on a B1 visa, we were always living away from the city where the parents were living past 2 years i had decided to stay in the same city because i like the city because its my home state. In this time i have been attacked couple of times and i had fought with my inlaws intensely when they tried to take away my children from me forcibly in my house ,they also are hand in glove with a local politician who is a Member of parliament of a political party in power and they use his power to threaten me wherever we go. I believe that they can harm me if i go back to India again and live with my family they police do not take necessary action as they fear the local politician influence. These are not any details however can you please help me to know if i can live in US seeking an asylum and under which category can i try this ?.Thank you
You may have a case based on persecution for particular social group (caste). Maybe you can apply under other categories too. One issue will be whether you can live safely in some other part of India. If so, your case will likely be denied. I would recommend you talk to a lawyer about the specifics of the case and how to address this issue (and any other issues, such as the fact that you came to the US, did not seek asylum, and then returned to India). Take care, Jason
Hi Jason,
I trust all is well. I filed for political asylum in December 2016. At that time i have not submitted the supporting documents with application form, because documents were not available at that time. Here i would like to know how i can submit documents before i am invited for interview?
Check the instructions to the I-589 for information about evidence. As for submitting the evidence, you file it with the local asylum office. It is best to file in person if possible, but you can also mail it. In our office, all evidence must be submitted at least one week before the interview. Other offices may have different rules. You can find the office’s contact info and mailing address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
I am an LGBT man from Nigeria where gays are discriminated against and I filed for asylum last month. When I filed, I sent in plenty evidence of my country conditions, my affidavit/personal story etc. together with my i589 and I also have a support letter from an LGBT organization here in the US that vouches for me (which I will be taking to the asylum office one week before my date to be added to my file). Currently I do not have a lawyer as I am very confident that I can attend the interview by myself. My interview comes up next month, is it necessary that I go with a lawyer?
It’s up to you. I explain above why I think a lawyer is important. I will say that “discrimination” in your country is not enough to win asylum. You need to show that you face (or faced) persecution. Take care, Jason
Hi, I’m in same shoes from same country how did your interview go and what state did the interview took place? I’ve you been approved?
I finally got a good lawyer who took up my case before I went for my interview. He brought in a whole lot of assistance to my case than I could imagine. Lawyers are really very helpful. I was approved instantly back in April at the Arlington Asylum Office. In less than 8 months I should be filing for my green card.
If you can, get yourself a lawyer. It is very helpful.
Goodluck/orire daada/jisie ike
Hi there!
Is it possible to apply for asylum in the United States mainly on the basis of a severe disability that evidently leads to discrimination in one’s home country? In this case, can discrimination be considered as a form of persecution?
I am from a developing country in Africa where people with disabilities are significantly discriminated against. I use a manual wheelchair for mobility as a result of a protracted spinal cord injury. Five months ago, I left my country and came to the United States on a student visa. Back in my country, some universities rejected me mainly because of my disability, with claims that they cannot accommodate any student with a disability. This is a university that is regarded as one of the best in my country. I have proof of this in my mailbox. Also, I attempted to go to school but had to drop out on two ocassions due to the high level of discrimination I suffered. In my country, there is no “people with disabilities” act; as a result, wheelchair users like me face inaccessibility everywhere, and are often persecuted by employers in the form of job application denials.
At 22, and currently studying in the United States, I fear that if I return to my country at the completion of my studies, I will continually face the discrimination I experienced, considering that my country does not have a disability act that protects people like me against discrimination. And I am convinced that this level of discrimination has ill consequences comparable to persecution. As a result, I am thinking of applying for asylum here in the United States. Please, do you think I am eligible to apply for asylum, and is this a strong case?
I look forward to hearing from you.
Thank you.
It may be possible to base an asylum case on the facts that you describe, but I think it is a bit of a tricky case, and you would do well to have a lawyer help you present the case and do some legal research. For example, we are doing a case now where we argue that people who are HIV+ face persecution in Mexico based on discrimination and unavailability of treatment. Such a case can be legally complex, and a lawyer will help a lot. If you cannot afford a lawyer, you might look for a free lawyer – I wrote about that on September 22, 2016. Take care, Jason
Dear sir
Can you tell me i can change my lawyer at anytime during my asylum case has been panding with immigration?
Regards
Mohammad
Yes – You have the right to the lawyer of your choice and you can change at any time. Take care, Jason
Hello how you doing sir I had a interview in asylum office 2 days ago and they said if you come with Attorney is good for you and they give me next date bcoz I don’t have any attorney and they said your statement is totally different we perferd to come with attorney so what you think is thr any plus point
That is a little strange, but if they are asking you to return with a lawyer, you should probably try to do that. Take care, Jason
Hello Jason
Am 24years old from The Gambia in West Africa currently in Mexico, Tijuana trying to enter the USA through California camp Am a run away Gay And i need an attorney who can help me win my ayslum case
You need to be physically present in the US or at the US border to seek asylum (and apparently, the US border patrol is illegally turning away some asylum seekers). There is an organization called Immigration Equality that sometimes assists gay asylum seekers. Maybe you can Google them and see whether they have a lawyer you can talk to. Take care, Jason
Greetings Mr Jason, I’m three months in the U.S. now I came from South East Nigeria where we have serious none violence agitation for independence of the state of Biafra and I used to be a member but due to the killings of protesters by the Nigerian armed forces I decided to withdraw from that struggle now my members are threatening to kill me if I don’t continue with the struggle and I got a secret information that I’m being monitored by Nigerian secret police so I decided to come to the U.S. can I file my asylum without a lawyer? Cause I can’t afford to get one
You can file without a lawyer. You must file within one year of arriving here, so the sooner you file, the better. I did a post on September 22, 2016 about how to find a free lawyer, and maybe that would help you. Take care, Jason
I’m naman malhotra from india and and I’m here in usa been 1 year on j1 visa and i need lawyer who should help me for asylum.
You are welcome to contact our office, but I will not be available for a couple weeks. You can contact our office by emailing SHaile@DzubowLaw.com. Take care, Jason
God is Merciful. May God Bless you. Greeting to you in the name of Lord Jesus Christ. with lot of veneration, I would like to draw your kind attention; I tried my best to go abroad. I have no source. I am worried very much in Pakistan. Sir, my father-in-law had accepted Christian religion after marrying a Christian women (My mother-in-law). The relatives of my father-in-law has been continuously teasing and disturbing him badly because of Christianity. Now after my marriage, I and my wife are also facing such acute hardships. My father-in-law died. But I and my wife are still in trouble due to attitude of my father-in-law relatives. Even it is not possible for me and my wife to live in Pakistan as have no such sources and position to face such problems created by relatives of my father-in-law on his acceptance of Christianity. I cannot discuss to anybody, you know this is a Muslim country. A false and forge case 295/C P.P.C., FIR No.198/14 dated 13.03.2014 in Garhi Shahu, Lahore Police Station, had been registered against me by Hafiz Manzoor Ahmed Khateeb Jamia Masque Chowk Garhi Shahu, Lahore. I am sending you personally because I have come to know very late. I hope you could understand that I am facing many hardships in Pakistan. If you could help me liberally, I am very grateful to you. I am not seeing to way, I am going to where. If your could help me, I shall be very thankful to you. I have three children ( Two daughters One son), I hope that my request will be consider sympathetically for necessary action please me sir, I expect to hear from your Excellency very soon and that my dream say come true. You know very well circumstances. I may be able to live in peace and in accordance with my religious and your law. It is my humble request to you. I am waiting for your answer anxiously. God may shower his blessing on you.
Note:- (Sir, all expenses myself Visas Tickets and residence).
The Pave proposed to me to Visa one and the rest would be arranged not it is very difficult to go out of Pakistan under these circumstances otherwise I would have left for any country in search of congenial atmosphere. I really in bit trouble here and want to go to abroad for peace and tranquility. Your honor you have got complete authority and direct to issuance of visa in my favor. I am sure that after going through the contents of this letter your honor will definitely take a final decision and response positively.
Besides your Excellency knows that I am Catholic Christian by birth.
Sir, now I am dishearten from everywhere I have visited two time Thailand. I have spend there and also financially disturbed. A huge amount occurred on travel to Thailand. I am not in a position to take my family Singapore from Thailand after every two three months. Now I have to back to Pakistan. I made hard struggle to settle there but it was not easy to settle there. I hope that will be kind enough to give due, favorable and sympathetic consideration to my humble request and issue visa to me so as a special case
I am sorry for your troubles, but I have no way to assist you. I wish you well, Jason
Hi Jason,
I have entered to US since Mei 2016(almost a year) by visit visa. When i came here,i didn’t know that i was pregnant.baby delivered on January 2017.i don’t work,so i need support my baby.i asked lawyer,they said i couldn’t file work permit. Can i file for asylum?my country is racist with chinese and Christian? I have financial problem while i’m not working. Is it possible to get asylum?
If you fear persecution (usually – but not always – meaning physical harm) in your country, you may be able to win asylum. However, to have any chance in an asylum case, you need to file before one year in the US. If you wait until after that, it is most likely that your case will be denied, regardless of how good it is. I did a posting on September 22, 2016 about how to find a lawyer if you cannot afford one, but you may not have time for that – you have to file before one year in the US if you want to seek asylum. But maybe if you contact one of those free organizations, they can at least talk to you and evaluate the strength of your case. Take care, Jason
Hi Jason,
My name is Jahidul Alam Milon. I’m living in United States since 2013 as a international student but unfortunately i was terminated from school a month ago.
As the rules for international students if you get terminated from school you have to go back to your country and come back with a new I20 with a fresh sevis record. But I have serious life threat back in my home country. In that case i found filing an Asylum is the only way.
As i wrote above i was in United States since 2013 but in between these three and half years i visit my home country twice and the last visit was about 11 months ago. In that case am i eligible for asylum?
Besides that i have another issue. Which is about convicted a crime. I was been arrested 2 years before for a MTA Fraud. I just pass through the emergency gate of a subway station without permission.
Please let me know as soon as possible because its been already 11 months since my last arrival in U.S
Thank You.
You should try to file before the one-year bar and it sounds like you have less than a month to do that. You may be able to show an exception to the one-year bar based on your former student status, but that may not work (depending on the facts of your case), and I think it is much better if you file before the one-year bar goes into effect. All you need to file to get started is the I-589 form and a copy of your passport; you can submit the other evidence later. As for the criminal conviction, you will need to reveal that on the I-589 form, and later submit evidence about it, but I do not think it will have any effect on your case. You may want to talk to a lawyer about that, though, since I am not familiar with the conviction, it would be good to have a lawyer look at it and make sure there is no problem. Take care, Jason
Hello thank you for the good work Jason. my question is when am applying for asylum do i also make 3 copies of the evidence documents to be attached or only one is enough for the for the 3 sets of the I-589 forms filled. i have tried to read through the instruction form but failed to understand it thank you soo much
We send an original and one copy of the entire packet. Take care, Jason
HI Jason,
Iam Ravi from india.i came to USA in august 2015 on visit visa.due to some personal threat i not went back.iam seeking to apply for asayalum.i got all my evidence of my threat.its 18 months,alredy.my wife got admited in emergency here.she is pregnant 9months now..can i apply for asayalum ..now plz rep me
I do not understand your question. If you are in the US, you can apply for asylum. If you have been here more than one year, you may be ineligible for asylum, but there are exceptions to that rule, and you can present those to the asylum office. If they accept them, you can still get asylum at the asylum office. If not, you will have to go to a judge. It would be a good idea for you to have a lawyer to help you, especially if you are filing after the one-year filing deadline for asylum. Take care, Jason
Hi Jason
my name Ravi from india.i came to USA in august 2015.i have a problem at my back home. I seaking apply for a asayalum.its almost 18months now.i have all the evidence of my problem…after i came here,my wife got admited in hospital emergency…and she got pregnet,now 9 month…is there any possibolity…to apply…
Will my case continoue…or straight a way they reject on day 1…plz reply me