JLA Law Group

Political Asylum in Georgia: Your Right to Safety

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If you are fleeing persecution in your country based on race, religion, nationality, political opinion, or membership in a particular social group, you have the right to apply for asylum in the United States under INA § 208. The process is complex and has strict deadlines: you must file your application within one year of your arrival in the U.S., with limited exceptions for extraordinary circumstances or changed country conditions.

Asylum can be filed affirmatively (with the USCIS Asylum Office) or defensively (before an immigration judge in removal proceedings). In both cases, you must demonstrate past persecution or a well-founded fear of future persecution. The Atlanta immigration court, which covers Gwinnett County, has its own dynamics and approval rates that our attorneys know from direct experience.

Asylum case preparation is intensive. It requires a detailed personal declaration, evidence of country conditions (State Department reports, Human Rights Watch, Amnesty International), documentation of the persecution suffered, and sometimes psychological or medical evaluations. At J. Lee & Associates, we prepare every case as if it will go to trial, because it frequently does.

Steps You Should Take

1

Document Everything about the Persecution

Write a detailed statement of what happened to you, when, where, and who did it. Preserve any evidence: photos, threatening messages, press articles, police reports from your country.

2

Do Not Miss the One-Year Deadline

The clock starts from your last entry into the U.S. Every day that passes without filing reduces your options. Consult with an attorney as soon as possible.

3

Call (770) 609-9396

We offer confidential asylum case evaluations. We understand the sensitivity of these cases and the importance of your safety.

4

Do Not Return to Your Country

Traveling back to your country can be interpreted as evidence that you do not have a genuine fear of persecution, which can destroy your asylum case.

Frequently Asked Questions

How much time do I have to apply for asylum?
You must file Form I-589 within one year of your last arrival in the U.S. under INA § 208(a)(2)(B). Exceptions include: material change in country circumstances, extraordinary events that prevented you from filing sooner, or if you maintained valid legal status. If you miss the one-year deadline, you may still apply for withholding of removal under INA § 241(b)(3) and protection under the Convention Against Torture (CAT).
Can I work while waiting for the asylum decision?
You can apply for a work permit (EAD) 180 days after filing your asylum application, provided the application is complete and there are no delays attributable to you. The EAD under category (c)(8) is renewed annually while your case is pending.
What is a particular social group?
It is one of the five protected grounds for asylum. It includes groups defined by immutable or fundamental characteristics: sexual orientation, gender identity, victims of severe domestic violence, cartel informants, members of specific threatened families, and other groups recognized by case law.
If my asylum is denied, am I deported immediately?
Not necessarily. You can appeal the decision to the Board of Immigration Appeals (BIA). You may also be eligible for withholding of removal or protection under CAT, which have different standards than asylum. We evaluate all available options.
Can my family be included in my asylum application?
Your spouse and unmarried children under 21 can be included as dependents on your application. If your asylum is approved, they also receive asylee status and can apply for a green card after one year.

Applicable Laws

INA § 208 / 8 USC § 1158Right to apply for asylum based on persecution by reason of race, religion, nationality, political opinion, or social group.
INA § 241(b)(3) / 8 USC § 1231(b)(3)Withholding of removal: more limited protection but with a clearer standard than asylum.
8 CFR § 208.4Filing requirements for Form I-589 and the one-year filing deadline.
8 CFR § 1208.16-18Protection under the Convention Against Torture (CAT).

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Norcross, GA 30093

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