Best Asylum Lawyers in Denver
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Find a Lawyer in DenverAbout Asylum Law in Denver, United States
Asylum is a form of protection that allows people who meet the legal definition of a refugee to remain in the United States instead of being removed to a country where they fear persecution. Asylum law is federal law and applies nationwide, including Denver. Decisions about asylum applications are made either by U.S. Citizenship and Immigration Services when you apply affirmatively, or by an immigration judge in removal proceedings through the Executive Office for Immigration Review. Denver has local immigration courts and community organizations that assist asylum seekers, but the legal standards and procedures follow federal statutes and regulations.
Why You May Need a Lawyer
Asylum cases are fact-specific and procedurally complex. People commonly need legal help for reasons such as:
- Preparing and filing a complete Form I-589, Application for Asylum and for Withholding of Removal, with appropriate supporting evidence and credible witness statements.
- Navigating the one-year filing deadline and documenting an exception if you missed the deadline because of changed or extraordinary circumstances.
- Preparing for a credible fear interview if detained at or near the border, or representing you in immigration court during defensive proceedings.
- Collecting medical, country condition, police, and expert documentation that corroborates fear of persecution.
- Addressing criminal history, prior immigration violations, or potential bars to asylum and identifying alternative protection such as withholding of removal or protection under the Convention Against Torture.
- Assisting with appeals before the Board of Immigration Appeals and managing requests for continuances, motions to reopen, or motions to reconsider.
- Helping obtain work authorization, state identification, and public benefits eligibility while the case is pending, where applicable.
An experienced immigration attorney or accredited representative can improve the completeness, organization, and persuasiveness of your case and explain the likely consequences and timelines.
Local Laws Overview
Key local considerations for asylum seekers in Denver include:
- Federal law controls eligibility and procedure - asylum claims must show persecution or well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
- Denver is served by a local immigration court where defensive asylum claims are heard. Court procedures and scheduling are managed by the Executive Office for Immigration Review and local courtroom rules can affect hearings and filings.
- Colorado state policies can affect daily life - for example, access to driver licenses or state identification, local health and social services, and schools. Colorado has programs and policies that provide services to noncitizens, but eligibility varies by program and by immigration status.
- Local nonprofit and pro bono legal resources in Denver often assist with asylum screening, brief legal advice, and full representation for eligible clients. These organizations know local court practices and resources for housing, mental health care, and trauma-informed evaluations.
- Because immigration is federally regulated, Denver-specific law does not change the core standards for asylum, but local practice, available services, and court backlog can affect how long a case takes and how you prepare.
Frequently Asked Questions
What is asylum and who is eligible?
Asylum is protection given to people who are already in the United States or at a port of entry and who can show past persecution or a well-founded fear of future persecution in their home country because of race, religion, nationality, political opinion, or membership in a particular social group.
How do I apply for asylum in Denver?
Most people apply by filing Form I-589 with U.S. Citizenship and Immigration Services if they are not in removal proceedings. If you are in removal proceedings before an immigration judge in Denver, you can request asylum defensively in court. In both settings, you will need to provide a detailed statement, evidence, and witness information.
Is there a deadline to file an asylum application?
Yes. Generally you must file within one year of your last arrival to the United States. There are exceptions for changed circumstances or extraordinary circumstances that prevented timely filing. If you miss the one-year deadline, you need legal help to document and argue an exception.
What is a credible fear interview?
If you are subject to expedited removal or apprehended at the border, an asylum officer will conduct a credible fear screening to determine whether you have a significant possibility of establishing eligibility for asylum. A positive credible fear finding usually leads to referral to an immigration court for full consideration of your claim.
Can I apply for asylum if I entered the U.S. without inspection?
Yes. Entry without inspection does not automatically disqualify you from asylum. However, your immigration history can affect the procedural path of your case and may require defensive asylum filings in removal proceedings.
What kind of evidence do I need to support my asylum claim?
Evidence can include a detailed personal declaration describing persecution, medical or hospital records, police reports, letters, affidavits from witnesses, country condition reports, news articles, and expert statements. Documentation that corroborates your testimony strengthens the case, but lack of documentary evidence can sometimes be overcome by credible testimony.
Can I work while my asylum application is pending?
In many cases, a person with a pending asylum application may be eligible to apply for employment authorization after the application has been pending for a period specified by current federal rules. Rules and timelines have changed over time, so check current agency guidance or consult an attorney to confirm work-authorization eligibility and procedures.
What happens if my asylum application is denied?
If USCIS denies an affirmative asylum application, you may be referred to immigration court for removal proceedings, where you can renew your claim before an immigration judge. If an immigration judge denies an asylum claim, you may appeal to the Board of Immigration Appeals and, in some cases, to federal court. Other protections such as withholding of removal or Convention Against Torture relief may be options even if asylum is denied.
Can my spouse and children get asylum with me?
Derivatives - spouse and unmarried children under age 21 - can obtain asylum through your application if they are included appropriately on your initial filing and meet eligibility requirements. Rules for including family members vary by whether they are in the United States and by the type of proceeding. Talk to a lawyer about including relatives and options for relatives who are outside the United States.
How much does an asylum lawyer cost and how do I find one in Denver?
Attorney fees vary by experience, complexity of the case, and the services provided. Some nonprofit organizations and pro bono projects provide free or low-cost representation. Look for attorneys who specialize in immigration law, who are accredited by the Department of Justice if not licensed to practice law, and who have experience with asylum claims. Ask about fee agreements, what services are included, and how the attorney handles communication and translations.
Additional Resources
There are several kinds of resources you can contact for information and help in Denver:
- Federal agencies that handle asylum matters - U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review - administer asylum filings and immigration court proceedings.
- Local immigration court in Denver - where defensive asylum claims are heard. Court rules and scheduling information are available from the court clerk.
- Nonprofit legal service providers and community organizations in Colorado that offer screenings, referrals, and representation for asylum seekers - including immigrant advocacy networks and community legal clinics in Denver.
- Medical, mental health, and trauma-informed evaluators who can prepare reports to corroborate claims of persecution and torture.
- Local social service agencies, shelters, and refugee resettlement organizations that can assist with housing, healthcare access, and basic needs while your case proceeds.
When contacting organizations, ask whether they provide asylum screening, representation in immigration court, translation services, and help with documentation.
Next Steps
If you need legal assistance with an asylum matter in Denver, consider the following steps:
- Get a free or low-cost screening from a qualified immigration legal service or clinic to assess whether you have an asylum claim and to learn your options.
- Collect and organize evidence now - detailed personal statement, identity documents, medical records, police reports, witness statements, and any country condition materials you can obtain.
- Contact a qualified immigration attorney or accredited representative with asylum experience. Ask about experience with Denver immigration court, fee structures, and potential timelines.
- If detained or facing imminent removal, request counsel immediately and indicate you wish to apply for asylum or request a credible fear interview.
- Keep USCIS and court records updated with your current address and contact information, and attend all scheduled interviews and hearings. Missing a deadline or hearing can have serious consequences.
- Prepare for interviews and hearings with your attorney. Practice your testimony, review documents, and arrange reliable translation if needed.
- Seek medical and mental health care as needed and obtain evaluations that document injuries or trauma related to persecution because these can be important evidence.
Asylum cases can be lengthy and emotionally difficult. Seeking experienced legal help and connecting with local support services in Denver will improve your ability to present a complete and credible case.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.