Asylum & Withholding of Removal Attorney in Silver Spring, Maryland

Who Is Eligible for Asylum?

To qualify for asylum, an applicant must demonstrate that they have been persecuted — or have a well-founded fear of future persecution — on account of one of five protected grounds: race, religion, nationality, membership in a particular social group (PSG), or political opinion. The persecution must be carried out by the government or by groups the government cannot or will not control.

Asylum applications must generally be filed within one year of arrival in the United States. Exceptions exist for changed circumstances (changes in country conditions or personal circumstances) and extraordinary circumstances (serious illness, legal disability, ineffective assistance of prior counsel). Proving an exception can be complex; contact our office as soon as possible if you are past the one-year deadline.

Attorney Fogam has extensive experience building asylum cases for clients from Cameroon, Ethiopia, Ghana, Nigeria, Uganda, Guatemala, El Salvador, Honduras, China, Russia, and many other countries. Each case requires a deep understanding of country conditions, corroborating evidence, and a compelling, well-organized personal declaration.

• Affirmative asylum (filed with USCIS for applicants not in removal proceedings)
• Defensive asylum (raised as a defense in immigration court during removal proceedings)
• Country condition research and expert witness coordination
• Personal declaration writing and witness preparation
• Psychological evaluation coordination for trauma documentation

Withholding of Removal

Withholding of removal is a related form of protection that prevents the United States from removing a person to a country where it is 'more likely than not' they would face persecution on a protected ground. Unlike asylum, withholding of removal has no one-year filing deadline — but it also has a higher legal standard and does not provide a path to permanent residence in the same manner as asylum.

Withholding of removal may be the appropriate form of protection if an applicant is ineligible for asylum due to the one-year bar, a prior asylum denial, a serious crime, or certain other bars. Attorney Fogam evaluates whether your circumstances support withholding as an alternative or complementary form of relief.

Convention Against Torture (CAT) Protection

The Convention Against Torture prohibits the United States from removing a person to a country where they would more likely than not face torture by or with the acquiescence of the government. CAT protection is available even to individuals who are barred from asylum or withholding of removal based on criminal convictions or national security grounds.

CAT claims require demonstrating that torture (severe pain or suffering inflicted for specific purposes) is more likely than not and that there is government involvement or acquiescence. Our office builds comprehensive CAT claims with country condition evidence, expert testimony, and client declarations.

The Asylum Application Process

Affirmative asylum applications are filed with USCIS and the applicant attends an interview with an asylum officer. If approved, the applicant and their qualifying family members receive asylum status. If denied, the case is referred to the immigration court, where the applicant can renew the asylum claim before a judge.

Defensive asylum is raised in immigration court by individuals who are in removal proceedings. The judge hears evidence from both the applicant and the Department of Homeland Security before making a decision.

Attorney Fogam's asylum case preparation includes: a detailed personal declaration in the client's own words, corroborating documentation, country condition reports, expert declarations where applicable, legal briefs citing applicable case law, and thorough interview and hearing preparation.

• Form I-589 Asylum Application preparation and filing
• One-year deadline analysis and exception arguments
• Asylum interview preparation (USCIS Asylum Office)
• Defensive asylum in immigration court (merits hearing)
• Appeals of asylum denials to the BIA and federal courts
• Asylum-based green card (one year after asylum grant)
• Travel documents for asylees
• Family-based derivative asylum for spouses and children