Asylum Attorney in Connecticut

Asylum is one of the hardest areas of U.S. immigration law — legally, procedurally, and personally. People who apply for asylum have typically fled persecution, violence, or credible threats in their home countries. The process requires them to recount painful experiences, often repeatedly, and to prove their case against increasingly demanding legal standards.

I represent asylum seekers in Connecticut in both affirmative (USCIS) and defensive (Immigration Court) cases, as well as related forms of protection including withholding of removal and protection under the Convention Against Torture. I take a limited number of asylum cases, including both fee-paying engagements and qualifying cases at reduced or no fee — the combination is what allows me to maintain this part of my practice.

Call (860) 560-8382 or complete the contact form to schedule a consultation.

Affirmative vs. Defensive Asylum

There are two distinct asylum processes, with different forums, procedures, and timelines:

Affirmative Asylum For individuals present in the United States who are not in removal proceedings. The case is filed with USCIS on Form I-589 and adjudicated by the USCIS Asylum Office. The applicant has a non-adversarial interview with an Asylum Officer, who then makes a decision. If the Asylum Officer does not grant asylum, the case is typically referred to Immigration Court — at which point it becomes a defensive case.

Defensive Asylum For individuals already in removal proceedings before the Executive Office for Immigration Review (EOIR) — commonly known as Immigration Court. Asylum is raised as a defense against removal. The case is heard by an Immigration Judge in a formal courtroom proceeding with a government attorney representing the Department of Homeland Security on the other side. Evidence is presented, witnesses testify, and the Immigration Judge issues a written or oral decision.

I handle both. Most of my asylum case experience has been in defensive posture before Immigration Court.

Legal Framework

To qualify for asylum, an applicant must demonstrate:

1. They are unable or unwilling to return to their home country
2. Because of past persecution or a well-founded fear of future persecution
3. On account of one of five protected grounds:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

Each element is heavily litigated. "Particular social group" in particular has become the most contested area of asylum law, with definitions tightening significantly over recent years.

Related forms of protection that I also handle:

Withholding of Removal — A higher burden of proof than asylum ("more likely than not" vs. "well-founded fear"), but available in some cases where asylum is barred. Does not provide a path to permanent residence, but prevents removal to the country where persecution would occur.

Convention Against Torture (CAT) Protection — Available where the applicant demonstrates that it is more likely than not that they would be tortured if returned to their home country, regardless of whether torture is connected to a protected ground. Like withholding, it does not provide a path to permanent residence but prevents removal.

Most asylum applications include withholding and CAT claims in the alternative, so that if asylum is denied, the Immigration Judge considers the other forms of protection before ordering removal.

The One-Year Filing Deadline

This is one of the most important rules in asylum law, and one of the most common reasons for denial:

Asylum applications must generally be filed within one year of the applicant's last arrival in the United States.

There are exceptions — for changed country conditions, changed personal circumstances, or extraordinary circumstances causing a late filing — but the exceptions are narrow, and asylum officers and Immigration Judges apply them strictly. If you are considering asylum and you've been in the U.S. for close to a year, this is time-sensitive.

The one-year deadline does not apply to withholding of removal or CAT protection, but those forms of protection have higher burdens of proof and do not lead to a green card.

The Current Asylum Landscape

The asylum system has changed significantly in 2025-2026. Clients considering asylum should understand the current realities:

Processing pauses. As of late 2025 and early 2026, USCIS paused processing of certain affirmative asylum applications for nationals of specified countries. Partial resumption has occurred for some countries; processing remains paused for others. If you are from a country subject to current restrictions, we will discuss what this means for your case.

Filing fees. As of February 2026, a $100 asylum application fee applies (no fee waivers available), along with a separate $102 annual fee for cases pending more than one year.

Work authorization changes. Employment authorization based on pending asylum applications is now subject to tighter eligibility requirements, and work permits issued after December 2025 are valid for 18 months (reduced from 5 years). A proposed DHS rule may further restrict asylum-based work authorization.

Enforcement at court. ICE enforcement actions at Immigration Court hearings have been documented in multiple jurisdictions. This affects strategy and client counseling in defensive cases.

Stricter standards. Recent BIA decisions have tightened standards on internal relocation, changed country conditions, and credibility. Current asylum practice requires more thorough case preparation, stronger corroborating evidence, and more rigorous country conditions documentation than was the norm a few years ago.

None of this means asylum cases cannot succeed. They can and do. But current asylum work requires a realistic assessment of the challenges and a commitment to thorough preparation.

What Asylum Practice Actually Involves

Asylum cases are among the most time-intensive engagements in immigration law. A competent asylum case typically requires:

• Extensive client interviewing — Often across multiple sessions, in a trauma-informed manner, to develop the narrative of the applicant's experience
• Country conditions research — Current reports from the State Department, human rights organizations, and country-specific experts documenting the conditions that make return dangerous
• Corroborating evidence gathering — Medical records, police reports, news articles, affidavits from witnesses, expert declarations where relevant
• Legal research and brief writing — Particularly for novel particular social group formulations or cases with complex procedural history
• Hearing preparation — Multiple preparation sessions for affirmative interviews or court testimony
• The hearing or interview itself — Ranging from 2-4 hours for affirmative interviews to full-day or multi-day proceedings in Immigration Court

Because of this time investment, I take only a limited number of asylum cases at a time. When I cannot take a case, I refer to colleagues in the Connecticut AILA chapter and the broader Connecticut asylum community.

Fee Posture

Asylum work in Connecticut often involves clients who cannot afford standard legal fees. My approach:

• Fee-paying engagements for clients who can retain counsel at market rates
• Reduced-fee arrangements for qualifying cases based on circumstances
• Pro bono representation for a limited number of cases each year, selected in coordination with the Connecticut AILA pro bono network and other referral sources

This blended model is deliberate. Paying engagements support the pro bono work, and the pro bono work keeps me connected to the asylum practice community and to the cases that most need representation.

I discuss fee arrangements transparently at the initial consultation — no surprises, no hidden costs.

What I Do Not Handle

In the interest of being transparent about scope:

• Federal circuit court petitions for review — I am not currently admitted to the U.S. Court of Appeals for the Second Circuit. If a BIA decision needs to be challenged in federal court, I refer to appellate counsel.
• Mass enforcement response / rapid response representation — This specialized work is handled by dedicated rapid response networks in Connecticut.

Schedule a Consultation

If you are considering an asylum application, are in removal proceedings and need asylum representation, or have questions about withholding of removal or CAT protection, let's talk. Please note: the one-year asylum filing deadline is strict — if you're approaching it, don't wait.

Call (860) 560-8382 or complete the contact form to schedule a consultation.

Law Office of Aakash Sharma, LLC 750 Main Street, Suite 100 Hartford, CT 06103 (860) 560-8382 [email protected]

Aakash Sharma is admitted to practice in Connecticut. This page is attorney advertising. The information provided is for general informational purposes only and is not legal advice. Immigration law changes frequently; this page reflects information current as of April 2026. Submitting a contact form does not create an attorney-client relationship.