How To Win An Asylum Case In The USA: A Step-by-Step Guide
11 May 2025By Alena Shautsova, New York Immigration Lawyer
Seeking asylum in the United States is a life-saving path for many immigrants fleeing persecution. As a New York immigration lawyer with years of experience in handling complex asylum cases—especially for Russian, Ukrainian, and other Eastern European clients—I understand the fears, hopes, and uncertainties my clients face.
In this blog, I’ll walk you through how to build a strong, winning asylum case, backed by law, evidence, and practical strategies—so you can protect your future and gain the stability you deserve.
Who Qualifies for Asylum in the USA?
Under U.S. immigration law (INA § 208), asylum may be granted to someone who is physically present in the U.S. and can prove they have a well-founded fear of persecution in their home country due to:
- Race
- Religion
- Nationality
- Membership in a particular social group (LGBTQ+, domestic violence survivors, etc.)
- Political opinion
For example, many of my Russian asylum USA clients fear punishment for their political activism or anti-war stance. Others face harm due to religious beliefs or sexual orientation. We help identify and document the root cause of that fear—because that’s where your case begins.
Deadlines: When Should You File the I-589?
The Form I-589 (Application for Asylum and Withholding of Removal) must be filed within one year of your last entry into the U.S., unless you qualify for an exception (such as changed country conditions or extraordinary circumstances like trauma or illness).
Missing this deadline without a valid excuse can doom your case, which is why it’s essential to consult an asylum lawyer in the USA early.
Step-by-Step: How to Build a Strong Asylum Case
1. Detailed Personal Declaration
Your personal declaration is the heart of your case. It should outline:
- What happened to you
- Why it happened
- Why you believe it will happen again if you return
- Why the government in your country cannot or will not protect you
Many clients struggle with this step. That’s why we provide I-589 application help, guiding clients line by line and editing their statements to make sure they reflect the facts, legal arguments, and emotional truth.
Tip: Use simple language, exact dates, and clearly name people or organizations involved in your harm (e.g., Russian police, political parties, hate groups).
2. Country Conditions Evidence
To win your case, you must show that your fear is credible and realistic. That means backing it up with country conditions reports, news articles, and human rights documentation. We often use:
- U.S. State Department Human Rights Reports
- Amnesty International findings
- Court judgments or news showing persecution of people similar to you
- Country conditions experts’ reports
3. Corroborating Documents
The USCIS and immigration courts expect you to support your claims with evidence. These may include:
- Medical or police reports
- Photos of injuries, protests, threats
- Text messages, emails, or voicemails
- Affidavits from witnesses
- Arrest or summons notices
Even if you no longer have documents from your home country, we can guide you on what substitutes may be accepted.
Affirmative vs. Defensive Asylum: What’s the Difference?
- Affirmative Asylum: Filed directly with USCIS while not in removal proceedings. If denied, your case is referred to immigration court.
- Defensive Asylum: Filed as a defense against deportation in immigration court.
In either case, working with the best asylum attorney in New York increases your chances dramatically. Our firm prepares you for the asylum interview or individual hearing, helps collect and organize evidence, and handles the legal briefings and expert testimonies.
Key Legal Strategies to Win
- Consistency is Key: All your answers in the I-589, interview, and hearing must match. Inconsistencies can destroy your credibility.
- Show Past Harm or a High Risk of Future Harm: Either can win your case, but past persecution often creates a presumption of future danger.
- Credible Witnesses: Friends, therapists, religious leaders, or fellow activists can testify or submit affidavits.
- Expert Testimony: Especially helpful in LGBTQ+ and political asylum cases. We regularly work with country experts and psychologists.
- Legal Briefs and Memoranda: These written arguments tie your case to court precedents and show judges why the law supports your claim.
What Happens After Asylum Is Granted?
Winning asylum gives you:
- The right to stay in the U.S. indefinitely
- The right to work and apply for a Social Security Number
- The ability to apply for a green card after one year
- The chance to bring your spouse and children (under 21)
At our office, we also help with family reunification, green card applications, and eventual naturalization for asylees.
Common Reasons Asylum Is Denied
- Late filing without a valid exception
- Lack of credible testimony
- Inconsistent or vague declaration
- No connection between persecution and one of the protected grounds
- Lack of supporting evidence
Working with an asylum lawyer USA can help you avoid these fatal mistakes.
Ready to Get Help? Book a Confidential Consultation Today
At the Law Office of Alena Shautsova, we’ve helped hundreds of clients—especially Russian asylum seekers in the USA—win life-changing protection. Our team offers personalized attention, strategic legal planning, and compassionate support every step of the way.
Don’t risk your future on guesswork. Schedule your consultation today and let us help you build a case that wins.
Visit www.shautsova.com or call us now to get started: 917 885 2261, email: office@Shautsova.com