Asylum & Refugee Protection

Under U.S. law, asylum may be granted to aliens who can establish they have well-founded fear of persecution if they were forced to return to country of citizenship or last habitual residence. The persecution must be on account of political opinion, race, religion, nationality, or membership in a particular social group. We have successfully helped our clients from various countries obtain asylum in the U.S. Our Firm is dedicated to helping people escape persecution in their home countries by securing them a safe haven in the U.S. Asylum can be granted to individuals who are just arriving to the U.S. or to people who are already physically present in U.S. Those individuals arriving in the U.S. may ask for asylum at the port of entry. However, individuals already in the U.S. must file their Application for Asylum and Withholding of Removal with the Bureau of U.S. Citizenship & Immigration Services within one year of their arrival. This filing deadline may be excused if the alien can demonstrate changed or extraordinary circumstances.

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Stuck Waiting: A Federal Court Vacates the USCIS Adjudication Holds Imposed on Nationals of Thirty-Nine Countries

For more than six months, the United States Citizenship and Immigration Services refused to issue final decisions on the asylum, work permit, green card, and citizenship applications of people who had done everything the law asks of them. This article explains how the holds came about, why the immigrants and the organizations representing them were able to get into court when the government insisted they could not, the grounds on which the policies failed.

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From Child-Sensitive Protection to Adult-Reporting Expectations. Matter of F-B-A- and the Recalibration of the “Unable or Unwilling” Inquiry in U.S. Asylum Law

In Matter of F-B-A-, 29 I. & N. Dec. 456 (B.I.A. 2026), the Board of Immigration Appeals held that the “unique barriers” children face in reporting abuse to authorities do not extend to adults—even adults describing childhood harm—when adjudicators assess whether the state is “unable or unwilling” to protect against private-actor persecution.

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New U.S. Asylum Rule: Public Health Risks as a Ground for Denial Under the Trump Administration

In early 2026, under the Trump administration—which took office on January 20, 2025—a significant shift in U.S. immigration policy has materialized. A long-delayed regulation, finalized on December 29, 2025, and effective as of December 31, 2025, empowers the Department of Homeland Security (DHS) and Department of Justice (DOJ) to deny asylum and withholding of removal to individuals deemed a public health risk.

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Understanding Political Persecution in Russia

In recent years, Russia has seen a significant rise in political repression, making it a common origin for asylum seekers in the U.S. Individuals facing persecution due to their political opinions, opposition to government policies, or refusal to participate in military actions may qualify for asylum under the Immigration and Nationality Act and the Convention Against Torture.

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