Asylum Lawyers in Boston, MA

Our Boston asylum attorneys have over 30 years of experience helping individuals and families pursue protection through affirmative asylum applications, USCIS asylum interviews, and defensive asylum cases in Immigration Court.

Navigating the Asylum Process: Legal Experience Counts When your Future is at Stake

Obtaining Asylum in the United States can be one of the most important decisions an individual or family ever makes. However, the asylum process involves careful analysis of the evidence to determine if the qualifying requirements exist, preparing detailed applications with proper supporting documentation, meeting strict filing deadlines and challenging evidentiary requirements.

Whether you are seeking protection based on political opinion, religion, nationality, race, or membership in a particular social group, understanding the asylum process is critical. Working with an experienced asylum lawyer or immigration attorney for asylum cases can help applicants avoid common mistakes and ensure that all available supporting evidence is properly presented.

At Fitzgerald Law Company, our immigration attorneys have three decades of experience helping refugees and asylum seekers pursue protection in the United States both affirmatively with USCIS and defensively at the Immigration Court.

Our firm is multicultural and multilingual and many members of our team have experienced the immigration process on a personal level so we understand first hand the unique challenges immigrants face in the U.S.

We are committed to providing effective, personalized legal solutions tailored to each client’s circumstances and goals and this is engrained in our firm values. Through strategic advocacy, creative problem solving, persistence, and attention to detail, we work to help clients achieve the best possible outcome while ensuring they feel informed, supported, and respected throughout the legal process.Whether you need assistance evaluating eligibility for asylum, preparing an asylum application, gathering supporting evidence, obtaining an asylum work permit, or preparing for an asylum interview, our team is here to help. call: 617-523-6320 or Schedule online a confidential consultation with one of our experienced asylum immigration attorneys in Boston, Massachusetts.

Watch: How Asylum Protection Works in the United States

In this three-minute video, Attorney Desmond FitzGerald explains who qualifies to apply for asylum in the U.S., the principal benefits of asylum, the evidence requirements, and several important issues applicants should understand before filing for asylum.

Key Asylum Facts

• Asylum may provide protection to people who are members of a protected group and who have suffered persecution or have a well-founded fear of persecution in their home country or the country in which they were residing.
• An asylum application generally must be filed within one year of the applicant’s last arrival in the United States, although exceptions may apply.
• Asylum cases may proceed affirmatively through USCIS or defensively in Immigration Court, depending on the applicant’s circumstances.
• A person with a pending asylum application may become eligible to apply for employment authorization after the asylum application has been pending for 150 days.
• Asylees may remain in the US indefinitely and may later qualify for US legal permanent residence.

Who May Qualify for Asylum in the United States?

According to U.S. immigration law, asylum is a humanitarian protection available to individuals who cannot safely return to their country of origin or country of residence because they have suffered persecution or have a well-founded fear of future persecution. It is an immigration status generally sought by people entering the United States or already physically present in the country who:

• Are members of an identifiable group based on their political affiliation, race, religion, nationality, sexual orientation, or membership in a particular social group;
• Have suffered harm, or reasonably fear that they will suffer harm, that is so severe that it qualifies as persecution because of their membership in one of the groups identified above; and
• Have evidence that the persecution has been or will be committed by the government or by a group that the government cannot or will not control.

Asylum is available to individuals who have been in the United States for less than one year or who qualify for an exception to the “one-year rule” and are part of an eligible protected group. This generally means that they have been or will be persecuted by their government, or by a group their government does not control, because they are part of a political party, race, religion, gender, sexual orientation group, particular social group, or another qualifying group.

Immediate family members (spouse and children who are unmarried and under 21 on the date the application is registered as filed), may be eligible for asylum status and its benefits, such as work authorization, the ability to live lawfully in the United States, and the opportunity to apply for lawful permanent resident status, regardless of whether the immediate family members are named in the application or physically present in the United States when the application is filed or approved.

Because asylum cases are highly fact-based, determining whether someone qualifies can be more complicated than many applicants expect. An experienced immigration asylum attorney can evaluate whether an applicant’s circumstances and evidence satisfy the legal requirements for asylum protection, identify the documentation needed to support the claim, and help prepare the strongest possible application.

See how our immigration attorneys helped a Somali man reopen a long-standing deportation case, fight his immigration detention, and ultimately obtain asylum nearly 20 years after coming to the United States, in this FitzGerald Law Company asylum client success story.

What Other Protections May Be Available if You Do Not Qualify for Asylum?

Not everyone who fears returning to their country will qualify for asylum. In some cases, however, a person who cannot obtain asylum may still be eligible for another form of protection from removal, including Withholding of Removal or protection under the Convention Against Torture (CAT).

Withholding of Removal

Withholding of removal may protect a person from being returned to a country where it is more likely than not that their life or freedom would be threatened because of their race, religion, nationality, political opinion, or membership in a particular social group.

Although asylum and withholding of removal are related, they are not the same. Withholding generally requires a higher standard of proof than asylum and provides fewer immigration benefits.

A person granted withholding of removal is protected from removal to the country where the qualifying threat exists, but the protection does not itself provide lawful permanent resident status or derivative protection for a spouse or children.

Protection Under the Convention Against Torture (CAT)

Protection under the Convention Against Torture may be available when a person can establish that it is more likely than not that they would be tortured if removed to a particular country and that the torture would involve, or occur with the consent or acquiescence of, a public official or another person acting in an official capacity.

Unlike asylum and withholding of removal, a CAT claim does not require the feared torture to be based on race, religion, nationality, political opinion, or membership in a particular social group. This distinction can make CAT protection particularly important in some cases where a person faces an extreme risk of harm but cannot establish the protected-ground requirement necessary for asylum.

Why Evaluating All Available Forms of Protection Matters

Asylum is generally more beneficial when available because it can provide broader immigration benefits, including a potential path to lawful permanent residence and certain benefits for qualifying family members. However, an applicant should not assume that losing eligibility for asylum necessarily means that no protection from removal is available.

An experienced immigration attorney can evaluate the facts of the case to determine whether asylum, withholding of removal, CAT protection, or another available form of immigration relief should be considered.

Can My Spouse and Children Receive Asylum Benefits?

A principal asylum applicant’s qualifying spouse and unmarried children under 21 may also be eligible to receive derivative asylum status and related benefits, including authorization to work and the opportunity to later apply for a Green Card or U. S. Legal Permanet Residency.

There are generally two ways a qualifying spouse or child may obtain derivative asylum status:

1. Included as a dependent on Form I-589 – A qualifying spouse or unmarried child may generally be included as a derivative on the principal applicant’s asylum application when the family member is physically present in the United States and is properly included in the case. For purposes of determining whether a child meets the age requirement, special protections under the Child Status Protection Act may allow a qualifying child who was under 21 when the Form I-589 was filed to remain eligible even if the child turns 21 while the asylum application is pending.
2. Form I-730 for a spouse or child after asylum is granted – After the principal applicant is granted asylum, the principal asylee may generally file Form I-730, Refugee/Asylee Relative Petition, for a qualifying spouse or unmarried child. This process can be used for an eligible family member who is either inside or outside the United States. Form I-730 generally must be filed within two years of the principal applicant’s asylum grant, although USCIS may waive the two-year filing deadline for humanitarian reasons.

Family circumstances can become more complicated when there has been a marriage, divorce, remarriage, a child approaching age 21, or a change in the family’s location while an asylum application is pending. Careful planning can help determine when and how qualifying family members should be included or petitioned for.

Who is eligible for an exception to the “One Year Rule” for filing an Asylum Application?

While generally asylum applications (form I-589) need to be filed within 1 year of the applicant’s last arrival in the U.S., there are some exceptions according to  Section 208(a)(2)(B) of the INA. Permission to file “late” or after 1 year is usually referred to as an Exception to the 1 Year Rule, and there are a number of people who may be eligible for this exception, including those who can prove:

• Changed circumstances which materially affect their eligibility for asylum
• Extraordinary circumstances caused the delay
• They were an unaccompanied alien child, as defined in Section 279(g) of the Immigration law

Approaching the one-year asylum filing deadline or already in Immigration Court? Call 617-523-6320 or schedule online a confidential consultation with one of our experienced Boston asylum attorneys.

Types of Asylum Cases

Not all asylum cases follow the same path through the immigration system. Depending on the circumstances, an applicant may pursue either affirmative asylum or defensive asylum.

Affirmative Asylum

Affirmative asylum generally applies when an individual is physically present in the United States and is not currently in deportation or removal proceedings. Applicants file Form I-589 with USCIS. Following the filing of the application, USCIS generally schedules an asylum interview during which an asylum officer reviews the application, supporting evidence, and testimony.

Defensive Asylum

Defensive asylum occurs when an individual seeks asylum as a defense against removal or deportation from the United States. These cases are generally heard before an immigration judge and may involve additional hearings, legal arguments, witness testimony, and supporting evidence. Because defensive asylum cases often involve complex legal issues, many applicants choose to work closely with experienced asylum lawyers throughout the process.

How Our Boston Asylum Lawyers Can Help

Applying for asylum involves much more than completing and submitting Form I-589. A well-prepared asylum case must clearly connect the applicant’s experiences to the legal requirements for protection, provide a detailed and consistent account of past persecution or feared future harm, and present credible supporting evidence.

At FitzGerald Law Company, our Boston asylum immigration lawyers help individuals and families pursue protection through affirmative asylum applications before USCIS and defensive asylum cases in Immigration Court. Depending on the circumstances of the case, our attorneys can help:

• Review the applicant’s immigration history, filing deadlines, and potential eligibility for asylum;
• Identify the protected ground or legal theory that may support the asylum claim;
• Develop a personalized legal strategy based on the applicant’s experiences, immigration record, available evidence, and goals;
• Prepare Form I-589, Application for Asylum and for Withholding of Removal;
• Draft, review, and strengthen personal declarations, affidavits, and witness statements;
• Identify and organize supporting evidence, including identity documents, medical records, police reports, photographs, communications, witness testimony, and country-condition materials;
• Evaluate whether the application, personal declaration, prior immigration filings, supporting records, and testimony are complete and consistent;
• Prepare the applicant for a USCIS asylum interview or an Individual Hearing before an Immigration Judge;
• Anticipate difficult questions, evidentiary concerns, and potential weaknesses in the case;
• Respond to notices or requests from USCIS when appropriate; and
• Represent the applicant in Immigration Court proceedings when necessary.

Although no attorney can guarantee the outcome of an asylum case, thorough preparation can help ensure that the applicant’s experiences, evidence, and legal arguments are presented as effectively as possible.

Get a Case-Specific Asylum Strategy

Early legal guidance can help applicants understand the strengths and challenges of their cases, identify missing or incomplete evidence, comply with important filing deadlines, avoid preventable mistakes, and present their claims in a clear and organized manner.

Schedule online a confidential consultation with our Boston asylum lawyers or Call 617-523-6320

What Documents Do I Need to Apply for Asylum in the U.S.?

Documentation is key in an asylum petition.  Evidence to establish membership in a qualified group and past or the potential of future persecution by the government or a group the government cannot control must be included with the application and this usually includes both information belonging to the applicant as well as third party supporting documentation.

Asylum Applicant supporting documents:

• Birth certificates or other form of identification
• Marriage certificate (if married)
• Copy of passport – if available
• Copy of I-94 for individuals who were issued one
• Copy of visa for individuals who entered with them
• Records to establish membership in a qualifying group
• Evidence of relationship if applying for children under 21 years of age (birth certificates of children, school records, etc.)
• Affidavits stating the problems they have had in their country of origin and why they cannot return there

Third Party supporting documentation for Asylum Petition may include:

• Newspaper articles supporting persecution of an “asylum class” if available
• Death certificates of family members and other “class members”, if applicable
• Medical records showing abuse of asylum petitioners, family members and other “class members”
• Police reports proving violence against petitioners, family members or other “class members”
• U.S. Department of State Report on asylum petitioner’s country
• Human Rights Reports supporting situation in petitioner’s country
• Proof of membership in an “asylum class” in petitioner’s country of origin (i.e. if claiming political asylum, documents showing current membership in persecuted party; if claiming religious asylum, documents showing membership in persecuted religious group, etc.)
• Any other documents that demonstrate persecution of petitioner’s “asylum class” in their country of last residence

Unsure Whether You Have Enough Evidence?

Our attorneys can review the evidence you already have and identify additional records, witnesses, or country-condition materials that may support the claim. Call 617-523-6320 or schedule online a confidential consultation with one of our asylum lawyers in Massachusetts.

Why Asylum Documentation Matters

Supporting documentation about both the applicant’s personal experiences and the broader conditions in the country from which protection is being sought, is one of the most important elements of a successful asylum application. The REAL ID law, passed in 2005, codified a requirement that applicants for asylum should present documentation to corroborate their claims, unless it cannot be reasonably obtained . Therefore, documentary evidence is crucial to establish eligibility.

An experienced asylum attorney can help review your existing documents to see if they provide sufficient evidence for an asylum claim and they can help identify additional evidence that may strengthen a claim.  A good asylum lawyer will also prepare clients thoroughly for questions that may arise during the asylum interview.

Asylum Work Permits and the 180 EAD (Employment Authorization Document) Clock

One of the most common questions asylum seekers have is whether they can work while their asylum application is pending.

If no final decision (approval or denial) has been made on the asylum petition, Form I-589, within 150 days from the date recorded on the Notice of Receipt, and the applicant has not caused any delay, then an application for an Employment Authorization Document (EAD or Work Permit), Form I-765, may be filed with USCIS.

USCIS will be able to approve the I-765, and issue a Work Permit only if the I-589 has been pending without a final decision for a total of 180 days, without any delay by the applicant.

Therefore, it is generally 150 days to file, but it is at least 180 days, or an additional 30 days, for an approval of the Work Permit or EAD to be issued.

If the applicant is responsible for causing a delay in the processing of the asylum application, then the 150 day or 180 day clock will be stopped and the days will not start counting again until the issue of the delay has been resolved. For example, if an appointment for Biometrics was scheduled and the applicant requested the date of that appointment be changed, then the days between the date of the original appointment and the date of the actual appointment will not count toward the 150 or 180 days for work permit eligibility.

Obtaining work authorization as early as possible may provide important benefits, including:

• A Social Security Number
• The ability to work lawfully in the United States
• The ability to establish lawful employment eligibility with employers, which may provide access to employee benefits such as health insurance and unemployment benefits as well as allow them to contribute to taxes and Social Security.
• Greater financial stability while awaiting a decision on the asylum application

If the asylum petition is granted before the applicable waiting period (150 days from filing), a separate work authorization application is generally not necessary because an asylee is authorized to work in the U.S. as a matter of law. Nevertheless, asylees may find it is easier to have the employment authorization document (EAD) as an additional identification card to provide employers.

Common Challenges in the Asylum Process

Every asylum case is unique. While some applicants have extensive documentation supporting their claims, others face significant obstacles gathering evidence or proving persecution.

Some of the most common challenges include:

• Missing the one-year filing deadline
• Difficulty obtaining documents from the home country
• Limited evidence of persecution
• Demonstrating membership in a protected group
• Inconsistencies between written statements and testimony
• Changes in country conditions
• Delays in processing by immigration authorities

Because asylum cases often involve detailed factual and legal analysis, applicants should seek assistance from experienced asylum lawyers early in the process, particularly due to the increasingly high percentage of asylum cases that are not approved (the well regarded TRAC immigration report by The Transactional Records Access Clearinghouse in Syracuse University reports only 19.2 % asylum applications were granted in August 2025 vs. 38.2% in August 2024).

What Can Prevent Someone From Qualifying for Asylum?

Even when a person has experienced persecution or has a genuine fear of returning to their country, certain legal restrictions may prevent them from receiving asylum. These are commonly referred to as bars to asylum.

Depending on the facts of the case, potential asylum bars or eligibility problems may involve:

• Filing the asylum application more than one year after the applicant’s last arrival in the United States without qualifying for an exception;
• A previous asylum application that was denied, subject to applicable exceptions;
• Firm resettlement in another country before arriving in the United States;
• Participation in the persecution of another person;
• Certain criminal convictions or conduct involving a particularly serious crime;
• Evidence of a serious nonpolitical crime committed outside the United States;
• National security concerns; or
• Certain terrorism-related activities, associations, or grounds of inadmissibility.

Whether a particular bar applies requires an exhaustive legal analysis.  For example, an applicant’s criminal history should be carefully reviewed because the immigration consequences of an arrest or conviction may depend on the offense, disposition, sentence, underlying record, and the particular form of immigration protection being requested.

Similarly, living in or obtaining legal status in another country before coming to the United States does not automatically resolve whether the firm-resettlement bar applies. The circumstances of the applicant’s residence and legal rights in that country must be evaluated.

If you are concerned that a prior asylum application, criminal record, immigration history, residence in another country, or another issue could affect your eligibility, speak with an experienced asylum lawyer before assuming that you do – or do not – qualify for protection.

See how our immigration attorneys challenged the application of the persecution bar, helped a Colombian asylum seeker overcome a removal order, and ultimately secured asylum protection in the United States.

The Importance of Legal Representation in Asylum Cases

A successful asylum application often depends on the ability to clearly explain past experiences, present credible evidence, and demonstrate eligibility under U.S. immigration law.

An experienced asylum immigration lawyer can help applicants:

• Organize supporting evidence
• Develop a clear case strategy
• Prepare for the asylum interview
• Address concerns raised by immigration officials, and
• Navigate immigration court proceedings if necessary

For many applicants, working with a qualified immigration attorney for asylum matters provides valuable guidance during an emotionally and legally challenging process, and studies show that representation by an attorney results in a substantial increase in the likelihood of asylum case approval (a TRAC immigration report shows a fourteen-fold increase in asylum approval rates with representation).

Schedule your asylum consultation online with one of our experienced Asylum lawyers or call our office today for assistance with scheduling: 617-523-6320.

The Affirmative Asylum Application Process

Stage 1:

Gather the applicant’s information and all supporting documentation. The time required to complete this stage depends on their ability to obtain documents and their level of involvement in the case, and will also depend on legal deadlines which may apply to the case, such as the one year filing deadline, or the need to file prior to the expiration of the applicant’s lawful status.

Stage 2:

Verify the  immigration timelines to ensure you file the right applications within USCIS filing deadlines for your case. Complete and file asylum application (I-589) with all the required documentation, according to the rules. A notice of receipt from USCIS should be received in approximately 30-60 days.

Stage 3:

USCIS should schedule you to appear for a Biometrics Appointment at a local USCIS Support Center or issue a notice that Biometrics are not required. If you have previously provided USCIS with Biometrics, then they may use the ones they have in their system and waive the requirement that you submit them with your asylum application.

Stage 4:

USCIS will schedule an interview date and issue a notification (this is generally scheduled within 45 to 900 days from the date recorded in the notice of receipt. The length of time depends on the particular schedule of the local USCIS Asylum Office which is responsible for conducting the interview).

If the asylum application has been pending without a decision for at least 150 days from the date shown in the receipt notice and the delay has not been caused by the applicant, the applicant may file for work authorization with form I-765.

If the asylum petition is granted before 150 days, a work authorization application may be filed immediately, however this is not necessary as an Asylee is permitted to work in the U.S. as a matter of law. They are not required to possess a separate employment authorization document (EAD card).

Stage 5:

Prepare for the Asylum Interview by reviewing and modifying the Form I-589, Asylum Application as may be necessary, preparing and organizing all the original documents which are required to be presented, and practicing the testimony and the responses to the anticipated questions from the asylum office. Proper preparation is necessary, and the number of preparation sessions and time required depends on what is required for the case and client situation.

Stage 6:

Attend the interview at the USCIS Asylum Office. Present testimony and documentation in support of the application and respond to questions from the asylum officer.

Stage 7:

Notice of Decision. After reviewing the asylum application, the testimony, and the documentary evidence presented in support of the case, the USCIS Asylum Office will issue a decision.  The decision may be an approval, a denial (i.e. if the applicant has a lawful immigration status such as a valid non-immigrant visa or residency), or it may not be granted and instead “referred” to an Immigration Judge in an Immigration Court, which will allow the application to be reviewed again, but in a deportation / removal proceeding.

The Defensive Asylum Process in Immigration Court

An asylum petition is considered defensive when an I-589 is filed with an Immigration Court after Removal / Deportation Proceedings have started.

Stage 1:

Gather the applicant’s information and all supporting documentation.  Client involvement and collaboration is critical to obtain the necessary documents in a timely manner as special attention must be given to court deadlines apply to the case.

Stage 2:

Verify the applicable deadlines, such as the one year filing deadline, a strategic deadline, like filing before a Master Hearing, or a specific deadline or time limit set by the Immigration Court for the case, to ensure the filings will be accepted by the Court. Complete and file asylum application (I-589) with all the required documentation, according to the Court rules. Serve a copy on the Office of Chief Counsel and request Biometrics, if required.

Stage 3:

USCIS should schedule a Biometrics Appointment at a local USCIS Support Center or issue a notice that Biometrics are not required. When Biometrics have been previously provided to USCIS, they may use the ones they have in their system and waive the requirement of submitting them with your I-589, asylum application.

Stage 4:

The Immigration Court will either hold a Master Hearing, and any pleadings that have been submitted are generally reviewed or schedule a final hearing, called an Individual Hearing. Also, Immigration Judges may issue additional pretrial orders that must be complied with, to avoid having the claim dismissed.

If an asylum application has been pending for at least 150 days from the filing date shown on the receipt notice and the applicant has not caused any delays, the applicant may file Form I-765, Application for Employment Authorization, to request permission to work in the United States.

If asylum is granted before the 150-day waiting period has passed, the individual may apply for an Employment Authorization Document (EAD) immediately. However, a separate EAD card is not required because asylees are authorized by law to work in the United States.

Stage 5:

Prepare for the Individual Hearing by reviewing and modifying the Form I-589, Asylum Application as may be necessary, reviewing all the documents which have been filed, and filing any additional materials that are required or beneficial for the case. Practicing the testimony and the responses to the anticipated questions from the attorney from the ICE Office of Chief Counsel. Proper preparation is necessary, and the number of preparation sessions and time required depends on what is needed for the case and situation.

Stage 6:

Attend the Individual hearing, present testimony and documentation in support of the case.

Stage 7:

Notice of Decision. Generally, the Immigration Judge will issue a decision immediately following the testimony and presentation of evidence. The decision generally must be either an approval, or a denial which will result in the issuance of an order of deportation / removal.

Stage 8:

If the Immigration Judge does not issue an approval, then an appeal may be filed with the Board of Immigration Appeals, within 30 days of the order.

Already in Immigration Court?

Court deadlines, evidence requirements, and hearing preparation can affect your case. Speak with an attorney experienced in removal proceedings. Call 617-523-6320 or schedule online an initial consultation with one of our experienced Boston immigration litigation attorneys.

Preparing Credible and Consistent Testimony for the Asylum Interview and/or Individual Hearing

The asylum interview and/or individual asylum hearing are key aspects of the asylum process.

During the interview, an asylum officer evaluates the application, supporting documentation, and the applicant’s testimony.

During the final asylum hearing (individual hearing), an Immigration Judge evaluates the application, supporting evidence and testimony, and a prosecutor from the ICE Office of Chief Counsel can use cross-examination to verify whether the claim meets the standard required by the Court, and the government may present evidence to demonstrate a grant of asylum is not appropriate.

Applicants should be prepared to discuss or testify about the following:

• Their membership in a group which qualifies them for asylum, such as ones that are political, religious, ethnic, tribal, social, or based on sexual orientation
• Their specific and detailed activities related to their membership in their group
• The severe harm that they suffered or will suffer because of their membership in their group, with substantial details which are consistent with the records and evidence provided in the case
• How the government or a group that the government cannot or will not control, was or will be responsible for their persecution
• Why returning to their country would be dangerous
• Evidence submitted with the application

Careful preparation can ensure there is consistency between the written application (the Form I-589 and any affidavit), the supporting evidence, and the testimony at the interview which will significantly affect the outcome of a case.

Working with an experienced asylum attorney can help applicants understand what to expect and prepare adequately for this important stage of the process.

What Happens After Asylum Is Granted?

Receiving asylum can provide important protection and the opportunity to build a more secure future in the United States. An individual granted asylum is generally authorized to remain and work in the United States and may become eligible for additional immigration benefits.

Depending on the individual’s circumstances, important steps after an asylum approval may include:

• Working lawfully in the United States. A person granted asylum is authorized to work based on asylee status and is not required to maintain a separate Employment Authorization Document to have employment authorization, although an asylee may choose to obtain one as evidence of that authorization.
• Seeking derivative asylum benefits for qualifying family members. A principal asylee may be able to file Form I-730 for an eligible spouse or unmarried child who did not receive derivative asylum through the original application.
• Applying for lawful permanent residence. An asylee may become eligible to apply for a Green Card after satisfying the applicable requirements for adjustment of status and having completed one year of physical presence in the U.S. after asylum was granted.
• Considering international travel carefully. Asylees who need to travel outside the United States should determine whether they need a Refugee Travel Document and understand the potential immigration consequences before leaving the country. Returning to the country from which asylum was sought can raise significant questions and should be discussed with an immigration attorney before travel.
• Planning for future U.S. citizenship. After obtaining lawful permanent residence and satisfying the applicable naturalization requirements, an asylee may eventually become eligible to apply for U.S. citizenship.

Obtaining asylum is therefore not necessarily the end of the immigration process. Understanding the benefits, responsibilities, travel considerations, and future immigration options that follow an asylum grant can help asylees protect their status and plan their next steps in the United States.

Why Choose FitzGerald Law Company for your Asylum Case?

Seeking asylum is often one of the most important and deeply personal legal matters an individual or family will face. Applicants may need to discuss traumatic experiences involving persecution, violence, political oppression, discrimination, detention, threats, or fear for the safety of themselves and their loved ones. They also must navigate complicated immigration laws, strict deadlines, demanding evidentiary requirements, and unfamiliar government procedures.

FitzGerald Law Company has more than 30 years of immigration experience with personalized, compassionate, and strategic representation. Our approach includes:

Personalized Asylum Strategies

No two asylum cases are identical. We take the time to understand each client’s experiences, immigration history, concerns, available evidence, and long-term goals before developing a legal strategy tailored to the case.

Experience With USCIS and Immigration Court Cases

Our attorneys assist with affirmative asylum applications, USCIS asylum interview preparation, defensive asylum claims, and related Immigration Court proceedings. This experience allows us to evaluate not only how to prepare the initial application, but also how the facts and evidence may be examined during an interview or contested hearing.

Detailed Evidence and Testimony Preparation

A compelling asylum case requires more than a completed application. We work with clients to organize supporting documentation, develop clear personal statements, prepare testimony, address inconsistencies, and anticipate questions or legal challenges that may arise during the process.

A Multicultural and Multilingual Team

Many members of our team have personally experienced the immigration process or are first-generation Americans. This perspective helps us understand the uncertainty, urgency, and emotional consequences that frequently accompany an asylum case. We strive to provide representation that is both legally knowledgeable and culturally sensitive.

Clear Communication and Client Support

We explain the legal process, potential options, case responsibilities, and important developments so clients can make informed decisions. Our goal is to help each client feel heard, prepared, supported, and respected throughout the asylum process.

Strategic and Persistent Advocacy

Through careful legal analysis, creative problem-solving, persistence, and attention to detail, we work to identify the strongest available arguments and present each client’s case as effectively as the facts and law permit.

Our success stories and client testimonials evidence our work

The following success stories and video testimonial are proof of our dedication and asylum expertise:

• Somali man Granted Asylum After Nearly 20 Years of Deportation Proceedings
• Asylum approved after being ordered removed due to the persecution bar

Choosing an asylum lawyer is an important decision. Relevant considerations include the attorney’s immigration experience, familiarity with asylum evidence and country conditions, preparation methods, Immigration Court experience, communication practices, and ability to clearly explain legal options and possible consequences.

To discuss your circumstances with an asylum lawyer with a successful track record in Boston, Massachusetts, call 617-523-6320 or schedule a confidential consultation online.

What Are the Government Filing Fees for an Asylum Case?

Asylum immigration cases require payment of filing fees for forms I-589 and an annual asylum application fee, as well as a fee for the initial I-765 employment authorization document which is different than the EAD renewal or extension fee.  USCIS filing fees change periodically, so applicants should verify the fees before submitting any petition or application.

Filing fees are payable only with electronic payments, such as credit cards, debit cards or electronic checks, and the appropriate form for they payment type to be used must be filed with the application.

Note: The Annual Asylum Fee and consequences for nonpayment are subject to active litigation, including an August 2026 Massachusetts federal-court order. USCIS has reopened the payment portal for certain overdue payments while the litigation proceeds. (USCIS)

What Are the Legal Fees for an Asylum Case?

Legal fees vary depending on the type of case, the complexity of the facts, the number of applicants, and whether the matter involves additional issues such as removal proceedings, prior denials, or criminal history.

At FitzGerald Law Company we offer convenient payment plans, are transparent about pricing and publish our immigration legal fees.

What to Expect During Your Consultation with our Asylum Attorneys

A confidential consultation is an opportunity to obtain an initial legal assessment of your circumstances and learn how our asylum attorneys may be able to assist you.

During the consultation, our attorneys will typically:

• Review your immigration history, including how and when you entered the United States;
• Discuss the experiences or circumstances that caused you to leave your country or fear returning;
• Evaluate whether your situation may satisfy the legal requirements for asylum or another form of protection;
• Review the one-year asylum filing deadline and whether an exception may need to be considered;
• Identify potential strengths, challenges, or legal issues that may affect the case;
• Discuss the evidence you already have and additional documentation that may be helpful;
• Explain whether the case may proceed through the affirmative asylum process with USCIS or as a defensive asylum case in Immigration Court;
• Describe the possible next steps and how our firm may assist; and
• Answer your questions about the asylum process and legal representation.

The consultation also allows you to determine whether the attorney and law firm are the right fit for your needs and whether you feel comfortable working with the legal team on a matter that may involve highly personal and sensitive experiences.

By the end of the consultation, prospective clients should have a clearer understanding of the potential legal issues, available options, expected next steps, and what to expect before deciding whether to move forward.

Schedule a Consultation with an Experienced Asylum Attorney

For more than 30 years, our strategic and compassionate asylum immigration lawyers have been helping asylum applicants understand their legal options and eligibility requirements and prepare compelling applications tailored to their experiences, evidence and immigration history and goals.

As a multicultural and multilingual law firm, many members of our team have experienced the immigration process to the U.S. on a personal level, so we understand where you are coming from and we are personally committed to your success. If you have questions regarding asylum eligibility, the asylum process, or legal representation, call (617) 523-6320 or schedule a consultation online with an experienced asylum lawyer.

Important 2026 Updates to the U.S. Asylum Process and Fees

The U.S. asylum process has undergone several important procedural and fee changes in 2026. Asylum applicants should understand these requirements because they can affect how an application is prepared, whether a USCIS asylum interview will occur, when supporting evidence must be submitted, attorney participation at an interview, and the fees associated with a pending asylum case.

USCIS May Refer Certain Asylum Cases to Immigration Court Without an Interview

Effective July 28, 2026, USCIS may refer certain affirmative asylum applications directly to an Immigration Judge without first conducting a USCIS asylum interview.

This represents an important change from USCIS’s longstanding practice of generally interviewing affirmative asylum applicants before making a decision or referring the case to Immigration Court.

USCIS may consider referral without an interview when its review of the application and supporting evidence indicates that the applicant may be barred from applying for or receiving asylum, may not qualify for asylum based on the merits of the claim, or may not merit asylum as a matter of discretion.

USCIS will continue to conduct an interview before it grants or denies an affirmative asylum application. USCIS also retains the authority to schedule an interview when an asylum officer determines that one is necessary.

What this means for asylum applicants: A well-prepared Form I-589 and strong supporting evidence have become even more important. Applicants should not assume that they will always have a USCIS interview before their case could be referred to Immigration Court. The written application and evidence should clearly and thoroughly present the basis for the asylum claim from the beginning.

Supporting Evidence Must Be Submitted Before the USCIS Asylum Interview

USCIS now requires documentary evidence supporting an affirmative asylum application to be submitted at least 14 calendar days before the scheduled asylum interview.

Submitting evidence late can create significant problems. USCIS may decline to include late evidence with the application or may reschedule the asylum interview. A delay caused by the applicant may also affect eligibility for an asylum-based Employment Authorization Document (EAD).

Applicants should therefore gather evidence well before receiving an interview notice. This may include personal declarations, witness statements, medical or police records, photographs, proof of political, religious, social, or other relevant activities, and reliable evidence documenting conditions in the applicant’s country.

Attorneys Generally Must Attend USCIS Asylum Interviews in Person

Effective May 18, 2026, USCIS generally no longer permits attorneys and accredited representatives to participate remotely in affirmative asylum interviews, except in limited circumstances.

An attorney who represents an applicant at a USCIS affirmative asylum interview generally must now be physically present at the asylum office.

For asylum applicants in Massachusetts, working with a Boston asylum attorney who can prepare the applicant for the interview and attend in person can provide continuity between preparation of the case and representation at this important stage of the asylum process.

New Asylum Filing and Annual Fees Apply

Asylum applicants should also be aware of significant changes to government filing fees.

For fiscal year 2026, the government generally requires a filing fee for a new Form I-589, Application for Asylum and for Withholding of Removal. In addition, certain asylum applications that remain pending are subject to an Annual Asylum Fee.

Separate government fees may also apply when an asylum applicant requests or renews employment authorization.

The rules concerning the Annual Asylum Fee have been the subject of ongoing federal litigation. In August 2026, a federal court in Massachusetts temporarily restricted USCIS from implementing certain consequences for failure to pay the Annual Asylum Fee, and USCIS reopened its payment portal for certain applicants with outstanding payments.

Because asylum fees, payment requirements, and related litigation can change, applicants should review their USCIS or Immigration Court notices carefully and verify the current requirements applicable to their case before filing or making a payment.

Why the 2026 Asylum Changes Make Early Case Preparation Important

The 2026 changes make it increasingly important to prepare an asylum case carefully from the beginning. In some cases, an applicant may not receive a USCIS interview before the case is referred to Immigration Court, supporting evidence is subject to specific submission deadlines, and missed procedural or payment requirements can create additional complications.

An experienced asylum lawyer can help evaluate your eligibility and potential asylum bars, prepare Form I-589 and supporting evidence, monitor applicable deadlines and procedural requirements, prepare you for testimony, and provide you with representation before USCIS or in Immigration Court when necessary.

Asylum procedures are changing quickly. If you are considering applying for asylum or already have an asylum application pending, call 617-523-6320 or schedule a confidential consultation with one of our experienced Boston asylum lawyers to discuss how current asylum rules may affect your case.