Asylum lawyer: removal defense and detention

• Passport, national ID card and any other identity documents, and your I-94 or entry record
• A detailed written account of what happened to you and why you fear return
• Evidence of the harm or threats: court records, indictments, detention records, summons, medical reports, photos and messages
• Turkish court files: printouts from UYAP or e-Devlet, the indictment (iddianame) and decisions; a lawyer licensed in Turkey (Istanbul Bar) can explain the Turkish law involved
• Statements from witnesses and family members who know the facts
• Reports on human-rights conditions in your country
• Marriage and birth certificates for the spouse and children under 21 you include
• Certified English translations of every document in another language

• Filing after the one-year deadline without a documented exception.
• Late evidence: since 21 August 2026, evidence received less than 14 days before the interview may be left out, or the interview moved, which can affect the work-permit clock.
• Missing an interview or biometrics: USCIS may dismiss the case or refer it to an immigration judge, and no longer sends a warning notice.
• An unpaid Annual Asylum Fee: USCIS cannot approve the application while it is unpaid.
• Differences between Form I-589, the written statement, the documents and the testimony.
• Since 28 July 2026, USCIS may refer some affirmative applications to immigration court without an interview, under an interim final rule.
• Missing an immigration court hearing: the court can order removal in your absence.

• More than one year in the U.S. and no exception: withholding of removal or protection under the Convention Against Torture may still be possible, under different standards.
• A family member is detained: see ICE detention and habeas.
• You have a family or employment route to a green card: see family green cards or EB-1A and EB-2 NIW. Asylum is for fear of persecution, not a route to a work permit.
• The main problem is a Turkish case or an extradition request: see extradition and ECHR applications.

Who this is for

• People who fear persecution or serious harm if returned to their home country.
• People who have received a notice to appear or other removal paperwork.
• Families of people held in immigration detention.

Key requirements

• Asylum: you must generally file Form I-589 within 1 year of your last arrival. Exceptions exist for changed or extraordinary circumstances if you file within a reasonable time after them.
• Asylum protects people who fear persecution because of race, religion, nationality, political opinion or membership in a particular social group.
• Affirmative asylum is filed with USCIS by people who are not in removal proceedings. Defensive asylum is filed with the immigration court (EOIR) by people who are.
• Withholding of removal and protection under the Convention Against Torture are separate forms of protection, with different standards and no one-year deadline.
• Fees under H.R. 1: $100 at filing for the principal applicant, and an Annual Asylum Fee of $105 for each year the application is pending (from 16 October 2026 at USCIS, from 1 October 2026 in immigration court). These fees cannot be waived.
• In removal proceedings, you can ask the immigration court to consider defenses and relief. If you are detained, a federal habeas corpus petition may challenge the detention itself, depending on the facts.

What to check with an attorney

• Whether the one-year deadline applies to you or an exception does.
• What evidence you can gather about what happened and why you fear return.
• Whether you have a court date, and what any notice you received says.
• Whether a detained family member has options such as a bond request or a habeas petition.

Fees and rules reviewed 16 Oct 2026. Sources below.

Official sources:

1. USCIS: Asylum (reviewed 26 Aug 2026)
2. USCIS: Obtaining Asylum in the United States
3. USCIS: Form I-589
4. USCIS: Fee Schedule, Form G-1055 (edition 10/16/26)
5. USCIS alert: FY 2027 inflation increase for H.R. 1 fees (30 Sept 2026)
6. Federal Register: EOIR FY 2027 fee notice (29 Sept 2026)
7. USCIS: Form I-765
8. 8 CFR 208.4: filing the application
9. Federal Register: Affirmative Asylum Referrals Without Interview (28 Jul 2026)
10. Federal Register: Removal of Automatic Extensions for Certain EADs (14 Oct 2026)
11. USCIS alert: court order on hold policies (12 Jun 2026)
12. USCIS Policy Manual, Vol. 10, Part A, Ch. 4: EAD validity
13. Federal Register: proposed Employment Authorization Reform for Asylum Applicants (23 Feb 2026)

What changed: added the FY 2027 asylum fees in effect from 16 October 2026, the work-permit clock and its fees, the August 2026 evidence and rescheduling rules, the July 2026 referral rule, court orders on the asylum hold and what to gather.