Asylum is sought by individuals already in the United States or at a port of entry. Refugee status is granted to those outside the United States who are referred by the U.S. Refugee Admissions Program.
When returning to your home country is not safe, U.S. immigration law offers another option. Asylum and humanitarian relief exist to protect people who have suffered harm or fear future persecution, along with survivors of crime, abuse, and trafficking. These are not ordinary immigration matters. They carry deep personal stakes, tight deadlines, and the very real hope of building a secure life for you and your family.
At Minsky, McCormick & Hallagan, P.C., immigration and nationality law is not one part of what we do. It is the only thing we do, and it has been our sole focus since 1975. Over the last five decades, our lawyers have guided clients from around the world through countless immigration procedures, including asylum and other forms of humanitarian relief. We recognize the challenges you are likely facing, and our team is here to help you move forward.
No two stories or processes are exactly alike when it comes to humanitarian relief in immigration. Our firm can help:
We understand that you have been through countless struggles and trials if you are considering these immigration options. Let our team be the one to advocate strongly for your case.
To qualify for asylum, you must show that the harm you suffered or fear is connected to one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. This connection is one of the most critical parts of any claim. The persecutor must have targeted you because of your status in a protected group; asylum is not available to those fleeing general violence or poor economic conditions alone.
You generally must file within one year of entering the United States. A spouse and children under 21 who are in the U.S. as well may be included as derivative applicants.
If you are not in removal proceedings, you file affirmatively with the Asylum Office of U.S. Citizenship and Immigration Services (USCIS). Strong cases rest on solid proof, such as medical records, police reports, court documents, or eyewitness testimony. If you did not suffer past harm, you may show a fear of future harm using country-conditions evidence from international aid organizations, credible journalism, and U.S. State Department reports.
After filing, you are usually scheduled for an interview. This is a formal questioning of the applicant regarding the merits of their application. If approved, you and your derivative family members receive asylee status with no expiration, and you may petition for a spouse or children abroad. If the office does not approve your case, it is referred to Immigration Court, where you can renew your application.
If you are already in removal proceedings, you file a defensive application with the Immigration Judge or court clerk. The one-year deadline still applies. If your first hearing falls after that deadline, you must file at the clerk’s window beforehand rather than wait. The same standards of proof apply to defensive cases.
If you do not qualify for a green card through family or employment, we will evaluate your situation for every available form of relief, including:
Seeking protection in another country can feel incredibly overwhelming. With decades of focused experience and a compassionate approach, the lawyers at Minsky, McCormick & Hallagan, P.C. are here to help you understand your options. We are ready to build the strongest possible case for you and your family to support your safety and security.
Call our Chicago office at (312) 427-6163 or contact us online today to discuss your situation with a dedicated immigration lawyer. Let us help you find the safety and stability you deserve.
Asylum is sought by individuals already in the United States or at a port of entry. Refugee status is granted to those outside the United States who are referred by the U.S. Refugee Admissions Program.
Yes, your spouse and any unmarried children under 21 who are also in the United States can be included as “derivative applicants” on your asylum application.
You will need proof of the harm you suffered or fear, such as medical records, police reports, court documents, eyewitness testimonies, and expert reports on country conditions. Proving a connection between the harm and a protected ground is crucial.
Immigration law is complex, and asylum and humanitarian relief cases involve high stakes. An experienced lawyer can help you understand your eligibility, gather strong evidence, prepare you for interviews or court hearings, and ensure your application meets all legal requirements, significantly increasing your chances of success.
Qualifying crimes include, but are not limited to, domestic violence, sexual assault, human trafficking, kidnapping, extortion, blackmail, and obstruction of justice. These crimes must result in significant harm to the victim, and the applicant must demonstrate their cooperation with law enforcement.
Yes, VAWA protections are gender-neutral and are available to any individual, regardless of gender, who meets the criteria as a victim of qualifying abuse by a U.S. citizen or lawful permanent resident.
Under VAWA, applicants may independently apply for legal status, which can include protection from deportation, work authorization, and access to certain public benefits.
Applicants must provide evidence such as police reports, medical records, affidavits, or other documentation that demonstrates a history of abuse and their relationship to the U.S. citizen or lawful permanent resident abuser, as well as evidence of good moral character.
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