What if My Visa Is Denied at a U.S. Consulate Abroad?
If you are in the United States and are afraid to return to the country you are from, you may qualify for asylum under US Immigration Laws. An affirmative application would start with the U.S. Citizenship and Immigration Services, though current backlogs mean these cases often take several years to reach a decision. But even if you are in removal or deportation proceedings, you may still qualify for asylum. Winning asylum in the United States can be very complicated, because applicants must prove their case. This often involves in-depth research into the country conditions from all around the world. Other cases require extensive legal briefing and careful arguments. But there are no guarantees, especially with complicated asylum cases. Our attorneys at Sesini Law Group have a great deal of experience proving and winning asylum cases, and can guide you through this process from start to finish. Contact an asylum lawyer today.
Who Qualifies for Asylum in the United States?
To qualify for asylum, an applicant must show that they are unable or unwilling to return to their home country because they have suffered past persecution or have a well-founded fear of future persecution. This persecution must be based on one or more protected grounds under U.S. law, including:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
It is not enough to show that conditions in a country are generally unsafe. Instead, applicants must demonstrate that they are personally at risk and that their fear is tied to one of these specific legal categories.
What Is the One-Year Filing Deadline?
In most cases, individuals must apply for asylum within one year of their last arrival in the United States. Failing to meet this deadline can result in a denial of the application. However, there are important exceptions. You may still qualify if you can show:
- Changed circumstances that affect your eligibility for asylum
- Extraordinary circumstances that prevented you from filing on time
Affirmative vs. Defensive Asylum
There are two main ways to apply for asylum, depending on your situation:
- Affirmative asylum: This process applies if you are not currently in removal proceedings. You file your application with USCIS and attend an interview with an asylum officer.
- Defensive asylum: This applies if you are in removal (deportation) proceedings. Your case is heard by an immigration judge in court, where you present your claim as a defense against removal.
What Evidence Is Needed to Win an Asylum Case?
Asylum cases are heavily evidence-based. Applicants must support their claims with credible and detailed documentation whenever possible. This may include the following:
- Personal statements describing past harm or threats
- Affidavits from witnesses, family members, or experts
- Medical or psychological records
- Police reports or government documents
- Country condition reports from reputable sources
Even if certain documents are unavailable, applicants must still provide consistent and credible testimony.
What Happens After You Apply for Asylum?
After submitting your application, you will typically be scheduled for biometrics (fingerprinting). Depending on your case type, you will then either attend an interview with USCIS or appear before an immigration judge.
Many applicants also become eligible to apply for work authorization after their asylum application has been pending for a certain period of time. If asylum is granted, you may:
- Remain in the United States legally
- Apply for a green card after one year
- Eventually apply for U.S. citizenship if eligible
- Petition to bring certain family members to the United States
When You Can Apply for a Work Permit
Under the rules in effect as of July 2026, you may file Form I-765 once your asylum application has been pending for 150 days, and USCIS cannot approve it before day 180. This is known as the asylum EAD clock, and delays you request or cause do not count toward it.
This framework may change. In February 2026, DHS published a proposed rule that would extend the waiting period to 365 days, pause acceptance of new filings when affirmative processing times run long, and add eligibility restrictions. The comment period closed in April 2026, and no final rule has been issued, so the 150/180-day timeline still governs. Anyone planning around work authorization should confirm the current rule before filing.
Contact an Asylum Lawyer in Milwaukee, WI
If you’re seeking asylum in the United States, a lawyer from Sesini Law Group, S.C. is here to help. Contact us today so we can walk you through every step of the legal process ahead.
