Asylum Attorney in Phoenix, Arizona
Asylum is a form of protection for people who are in the United States and have suffered persecution, or have a well-founded fear of persecution, if they return to their home country. Attorney Claudia P. López helps evaluate whether a person may qualify and prepares the application, in English or Spanish.
Who can qualify for asylum?
In general, a person must show that they were persecuted, or fear persecution, on account of at least one of these five grounds:
Race
Religion
Nationality
Political opinion
Membership in a particular social group
The persecution usually must come from the government or from groups the government is unable or unwilling to control. Certain bars (for example, some criminal history or having taken part in the persecution of others) can make a person ineligible.
The one-year deadline
As a general rule, the asylum application (Form I-589) must be filed within one year of the last arrival in the United States. There are limited exceptions for changed or extraordinary circumstances. If someone does not qualify for asylum because of the deadline, withholding of removal or protection under the Convention Against Torture may be considered.
Affirmative and defensive asylum
Affirmative asylum: a person who is not in removal proceedings files the application with U.S. Citizenship and Immigration Services (USCIS) and attends an interview with an asylum officer.
Defensive asylum: a person who is in removal proceedings requests asylum before an immigration judge as a defense against removal. See also our deportation defense page.
Recent changes to know about
Asylum rules changed frequently in 2025 and 2026. Among other changes, the law now requires application fees and an annual fee while the case remains pending; USCIS temporarily paused affirmative asylum decisions in late 2025 and resumed them in 2026 for many applicants, although restrictions remain for nationals of certain countries; and the government has proposed changes to the work permit rules for asylum seekers. We will explain the rules in effect at the time of your consultation.
How the process works
Initial consultation to learn your story and review deadlines.
Preparing the declaration and gathering evidence: documents, witnesses and country conditions reports.
Filing Form I-589 and paying the fees required by law.
Interview or hearing before USCIS or the immigration court.
Decision and, if appropriate, appeal or next steps.
Frequently asked questions
Can I work while my asylum application is pending?
People with a pending asylum application may request a work permit after a certain amount of time if they meet the current rules. These rules are changing; we will explain what applies to your case.
Are there fees to apply for asylum?
Yes. Recent laws established fees for asylum applications, including an annual fee while the application remains pending. Not paying them can have consequences.
Can I include my family?
In general, a spouse and unmarried children under 21 who are in the United States can be included in the application as derivative beneficiaries.
Can I get a green card after asylum?
People who are granted asylum can generally apply for permanent residence after one year.
Serving Phoenix and all of Arizona
Our office is located at 2323 N 3rd St #203, Phoenix, AZ 85004. We offer phone consultations in English and Spanish. If you are a victim of a crime or of domestic violence, you can also learn about U visas and VAWA.
Official sources
This information is general and is not legal advice. Immigration laws and policies change frequently; every case depends on its own facts.