Asylum in the United States

Legal Disclaimer: The information in this article is intended for general informational purposes only and does not constitute legal advice. Every immigration case is unique. Readers and visitors to our website should consult a licensed immigration attorney for advice tailored to their individual circumstances. This information should not be applied to your case without legal guidance. Reading this content does not establish an attorney-client relationship.

Legal Protection for Individuals Fleeing Persecution – Including the LGBTQIA+ Community

The asylum system in the United States provides protection to individuals who have suffered persecution or who fear persecution in their country of origin.

At Paez Law, we offer compassionate and strategic legal representation for individuals seeking asylum in the United States. Whether you are fleeing violence, repression, or discrimination, we are here to support you with dignity, experience, and trauma-informed legal advocacy.

We represent asylum seekers of all nationalities, political beliefs, religions, sexual orientations, gender identities, and life stories. While we are deeply committed to defending the rights of the LGBTQIA+ community, we proudly represent anyone seeking protection from persecution in any form.

We understand that seeking asylum is an intensely personal decision—often a matter of life and death. That is why we provide strategic, informed, and humane legal support at every stage of the process.

What is Asylum?

Asylum is a form of immigration protection that allows individuals to remain legally in the United States if they have been persecuted or have a well-founded fear of persecution in their country on account of:

Race
Religion
Nationality
Political opinion
Membership in a particular social group

Each case is unique, but all share a common thread: the urgent need for protection in the face of real danger. Some individuals flee authoritarian governments, armed conflict, or systemic violence. Others have been targeted due to their personal identity, profession, activism, religion, gender identity, sexual orientation, or even HIV status.

What Could Be Considered Persecution?

Persecution can take many forms, including:

Physical or sexual violence
Threats, extortion, or blackmail
Imprisonment or torture without due process
Forced disappearances or political repression
Gender-based or domestic violence with government inaction
Criminalization of identity or beliefs (e.g., LGBTQIA+ status or political dissent)
Denial of access to education, employment, or medical care due to discrimination

Our Tailored Approach to LGBTQIA+ Asylum

At Paez Law, we have a strong record of representing members of the LGBTQIA+ community who face persecution due to their sexual orientation, gender identity, or gender expression. In many countries, LGBTQIA+ individuals are targeted with violence, discrimination, and repressive laws that place them in grave danger.

(Click here to learn more about our LGBTQIA+ approach).

The U.S. immigration system and case law might recognize LGBTQIA+ individuals as part of a “particular social group,” which is a protected category for asylum purposes.

Common examples of LGBTQIA+ persecution include:

Beatings, threats, or sexual assaults by family members, gangs, or authorities
Forced institutionalization, conversion therapy, or institutional abuse
Legal criminalization of same-sex relationships
Extreme social rejection or exclusion from work, education, or healthcare
Forced sterilization or corrective surgeries for intersex individuals

We know that sharing these experiences can be painful. That’s why we offer a safe, judgment-free space where every person can share their story with dignity.

Mental Health and Trauma in Asylum Cases

Many asylum seekers have experienced trauma—before, during, or after fleeing their home country. That trauma can affect memory, emotional stability, and the ability to tell one’s story clearly or consistently.

Common trauma symptoms that may impact your case include:

Post-traumatic stress disorder (PTSD), anxiety, depression, panic attacks
Dissociation, avoidance, shame, or difficulty trusting others
Difficulty speaking about sexual violence, gender identity, or abuse
Emotional blocks or memory gaps during interviews

Trauma should not be seen as weakness or a credibility issue—it is a clinical reality that deeply affects the legal process. At Paez Law, we recognize this complexity and work with psychological evaluations, mental health professionals, and trauma-informed legal strategies to present your case and support you throughout the process.

How Does the Asylum Process Work?

Form I-589

Must be filed within one year of entering the U.S., unless exceptions apply.
Affirmative Process

Applies when the person is not in removal proceedings with EOIR. The case is handled through an interview with a USCIS asylum officer.
Defensive Process

Applies when the person is already in removal proceedings. The case is presented before an immigration judge at EOIR.
Gathering Evidence

Evidence may include: medical reports, support letters, country condition reports, personal testimony, psychological evaluations, among others.
Decision and Benefits

If asylum is granted, the individual can live legally in the U.S., receive work authorization, and later apply for lawful permanent residence.

Why is Legal Representation Essential?

Although having an attorney is not legally required, outcome disparities clearly show that legal representation makes a significant difference.

📊 Reliable Statistics from 2024 and 2025:

In 2024, approximately 83% of asylum applicants were represented by an attorney. Of those, 53% were granted asylum, while 47% were denied. Only 17% of applicants lacked legal representation. Of those, just 19% were granted asylum, and 81% were denied. (Source: Congress.gov, Docketwise, migrationpolicy.org)

In October 2024, approval rates in immigration courts (EOIR) fell to 35.8%, down from over 50% in 2023.
(Source: TRAC Reports, U.S. Department of Justice)

EOIR data from March 2024 shows that among those who applied for asylum: 47% of represented applicants were approved and only 19% of unrepresented applicants were approved. (Source: Congress.gov)

📉 Clear comparison between represented vs. unrepresented applicants:

These figures demonstrate that legal representation not only increases your chances of success but also ensures that your case is presented with proper legal strategy and that your rights are respected.

What Does an Attorney Contribute to Your Case?

Develops a personalized legal strategy based on your country, personal history, and current immigration laws
Prepares you for USCIS interviews or EOIR hearings, anticipating difficult questions or implicit accusations
Incorporates specialized evidence, including psychological or medical evaluations, expert declarations, country condition reports, and more
Corrects administrative errors, manages deadlines, avoids unjust delays, and ensures complete evidence presentation
Understands the procedural differences between affirmative (USCIS) and defensive (Court) processes, and acts accordingly.

At Paez Law, we combine professional legal guidance with a trauma-informed, compassionate approach to ensure every story is heard and presented with respect and integrity.

We Also Represent Other Humanitarian Protection Cases

In addition to asylum, we can evaluate whether you also qualify for other forms of immigration relief, such as:

Withholding of Removal
Protection under the Convention Against Torture (CAT)
Temporary Protected Status (TPS)
U or T Visas for victims of crime or trafficking
Humanitarian petitions or special waivers

⚠️ Important Warning About Frivolous Asylum Applications

A frivolous asylum application is one that contains intentional lies, fabricated facts, or false information meant to deceive immigration authorities.

This does not include honest mistakes or minor inconsistencies—it refers to a deliberate intent to falsify a story for immigration benefits.

Under U.S. immigration law, if USCIS or an immigration judge determines that an asylum application is frivolous, the applicant:

Becomes permanently barred from receiving any future immigration benefit,
including asylum, lawful permanent residence (green card), humanitarian visas, or U.S. citizenship
Even if the application was filed years ago or through a legal representative
May also face criminal penalties for immigration fraud

Examples of Frivolous Applications:

Inventing a persecution story that never happened
Submitting falsified or altered documents
Lying under oath during interviews or hearings
Using someone else’s story as your own
Contradicting prior statements without a valid explanation

At Paez Law, we only represent individuals with truthful stories and legally viable cases. We understand that telling the truth can be difficult—especially after trauma—but we work with you respectfully and professionally, always within the ethical boundaries required by law.

If you are unsure whether you qualify for asylum, we will provide an honest, ethical evaluation, without false promises or guarantees. The role of an attorney is to apply legal knowledge—not to guarantee outcomes.
Our priority is to protect your dignity and your future—with clean hands and clear conscience.

A Law Office Committed to Human Rights

We believe that fleeing persecution is not a crime—it is an act of survival and hope.
Our goal is to help you build a legal path toward stability, safety, and a life without fear.

📞 Contact Us for a confidential consultation and personalized case evaluation.

📍 Based in New York – Serving clients nationwide via Zoom

🌈 Paez Law: Inclusive legal support for immigrants—regardless of your country, identity, or story.