Washington Asylum Lawyers

Asylum protects people who cannot safely return to their home country because of persecution. If you fear harm because of your race, religion, nationality, political opinion or membership in a particular social group, you may be able to ask the United States for protection and, in time, a green card.

The asylum attorneys at Ritchie-Reiersen Injury & Immigration Attorneys represent clients in affirmative cases before the USCIS asylum office and in defensive cases before the Seattle and Tacoma Immigration Courts. We prepare the declaration, gather country-condition evidence, and stand with you at the interview or hearing. Consultations are available in English and Spanish.

Who Qualifies for Asylum?

To win asylum you must show that you are a refugee as defined by U.S. law: a person who is unable or unwilling to return home because of past persecution or a well-founded fear of future persecution on account of at least one protected ground. The five protected grounds are:

• Race
• Religion
• Nationality
• Political opinion, including opinions the persecutor believes you hold
• Membership in a particular social group, which can include family relationships, gender-based claims and other groups recognized by the courts

The harm must come from the government or from people the government is unable or unwilling to control. Generalized crime or economic hardship alone does not qualify, but many cases that look like “just crime” at first turn out to involve a protected ground once an attorney reviews the facts.

Affirmative and Defensive Asylum

There are two paths to asylum, and which one applies depends on whether you are already in removal proceedings.

• Affirmative asylum: You are not in immigration court. You file Form I-589 with USCIS, attend an interview with an asylum officer, and receive a decision. If the officer does not grant asylum and you have no other status, the case is referred to an immigration judge.
• Defensive asylum: You are in removal proceedings before an immigration judge. You file the I-589 with the court and present your case at an individual hearing, where a government attorney can cross-examine you and your witnesses.

Our attorneys handle both. Because the firm practices in the Seattle and Tacoma courts, including the Tacoma detained docket, we know how each setting works and what judges and officers expect to see.

The One-Year Filing Deadline

In most cases you must file for asylum within one year of your last arrival in the United States. Missing the deadline does not always end the case. The law allows exceptions for changed circumstances, such as new conditions in your country or a change in your own situation, and for extraordinary circumstances that caused the delay. Even when asylum is barred by the deadline, you may still qualify for withholding of removal or protection under the Convention Against Torture, which have no filing deadline. If you have been here more than a year, talk to an attorney promptly rather than assuming nothing can be done.

What an Asylum Case Involves

• A detailed written declaration that tells your story in your own words, in chronological order, with the facts that matter legally
• Evidence of identity and nationality, and of your arrival date in the United States
• Supporting documents: police or medical records, photographs, letters from witnesses, news reports and expert country-condition reports
• Preparation for the interview or hearing, including practice sessions so you can testify clearly and consistently
• Work authorization: you may apply for an employment authorization document once your application has been pending for the required period, subject to current USCIS rules

Credibility is the center of nearly every asylum case. Small inconsistencies between your declaration, your interview and your documents can cost you the case. We build the record so that every piece supports the others.

After a Grant of Asylum

Once asylum is granted you can apply for work authorization, request derivative status for your spouse and unmarried children under 21 who are in the United States or abroad, and apply for lawful permanent residence one year after the grant. Asylees may also apply for a refugee travel document. We help clients through each of these steps so that protection becomes permanent status.

Why Clients Choose Ritchie-Reiersen for Asylum Cases

• Attorneys who practice immigration law exclusively and have represented asylum, torture protection and waiver cases in the Seattle and Tacoma Immigration Courts
• Spanish-speaking attorneys who prepare your declaration with you directly, not through a translator
• Eleven offices across Washington, Oregon, Idaho and Arizona, plus phone and video consultations
• Clear communication about timelines, risks and what the evidence needs to show

Related Guides

• What to Expect at Your Asylum Interview
• What Happens at a Master Calendar Hearing in Seattle or Tacoma

Frequently Asked Questions

How long does an asylum case take?

Affirmative cases depend on the USCIS asylum office backlog and can take anywhere from months to several years. Defensive cases follow the immigration court calendar, and individual hearings in Seattle and Tacoma are often scheduled a year or more out. An attorney can tell you what the current wait looks like for your type of case.

Can I work while my asylum case is pending?

Yes, once your application has been pending long enough to meet the current USCIS waiting period and no delays are attributed to you, you may apply for an employment authorization document. The rules on timing have changed several times, so confirm the current requirement before you plan around it.

Can my family be included in my asylum case?

Your spouse and unmarried children under 21 who are in the United States can be included as derivatives on your application. If asylum is granted, you can also petition for a spouse and qualifying children who are outside the country.

What if I entered without inspection or my visa expired?

How you entered does not bar you from applying for asylum. Many successful asylum seekers entered without inspection or overstayed a visa. It may, however, affect how your case is filed and which court or office hears it, so tell your attorney the full history.

Do you handle asylum cases in Spanish?

Yes. Attorneys Stephen Brown and Shane Crager are fluent in Spanish and work directly with Spanish-speaking clients to prepare declarations, evidence and testimony.

Our Immigration Attorneys

Attorney Eric Reiersen, also fluent in Spanish, practices immigration law alongside the team. Every consultation is available in English or Spanish.

We meet clients at our offices in Kennewick, Tacoma, Auburn, Yakima, Moses Lake, Everett, Spokane, Wenatchee, Portland, OR, Twin Falls, ID, Mesa, AZ. Phone and video consultations are available throughout Washington, Oregon, Idaho and Arizona.

Talk to an Immigration Lawyer

Call (888) 884-7337 or send us a message to schedule a confidential consultation. Se habla español.