For those fleeing persecution in their home countries, asylum in the United States can provide protection, stability, and the opportunity to rebuild their lives. At Kuck Baxter LLC, an immigration law firm based in Atlanta, Georgia, we have over two decades of experience representing individuals from around the world in asylum proceedings before U.S. Citizenship and Immigration Services (USCIS) and the Immigration Courts.
The U.S. asylum system has undergone significant changes between 2024 and 2026. It is essential that you understand not only the basic eligibility requirements, but also the most recent regulations that may directly affect your case.
What Is Asylum and Who Can Apply?
To qualify for asylum, a person must be unable or unwilling to return to their home country because of past persecution they suffered, or a well-founded fear of future persecution. It is important to understand that the persecution must be based on one of the following five protected grounds:
- Race
- Religion
- Nationality
- Membership in a particular social group, or
- Political opinion
Types of Asylum: Affirmative and Defensive
Affirmative Asylum
Affirmative asylum is sought by individuals who are physically present in the United States and are not in removal proceedings. The application is filed directly with USCIS using Form I-589. Applicants must file within one year of their arrival in the United States, unless a specific exception applies.
Defensive Asylum
Defensive asylum is raised as a defense against a removal order in Immigration Court. This applies when USCIS denies an affirmative asylum application, or when an individual is already in removal proceedings. In Atlanta, these cases are heard at the Atlanta Immigration Court, located at 180 Ted Turner Drive SW.
Important Changes to U.S. Asylum Law: 2024–2026
The U.S. asylum landscape has changed significantly in recent years. The following developments directly impact current and prospective asylum applicants:
Discontinuation of the CBP One Application
The CBP One mobile application, which allowed migrants to schedule appointments at ports of entry to begin humanitarian protection processes, was discontinued in January 2025. All appointments previously scheduled through the platform were automatically cancelled. If you had an appointment scheduled through CBP One, it is essential that you consult with an immigration attorney as soon as possible to evaluate the options currently available for your specific situation.
The Transit Bar and Its Impact on Asylum Eligibility
One of the most significant restrictions in the current asylum system is the so-called “transit bar,” codified at 8 CFR 208.13(c)(4). This regulation provides that individuals who transited through a third country before reaching the United States, without having sought protection in that country, may be ineligible for asylum.
This rule directly affects many applicants arriving from Central and South America who travel through Mexico or other countries before reaching the U.S. border. However, there are important exceptions to this rule. If you transited through a third country, it is essential to consult with an attorney before filing your asylum application to determine whether any exception applies to your case.
Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a form of protection distinct from asylum, granted to nationals of countries experiencing extraordinary conditions such as armed conflict, environmental disasters, or epidemics. While TPS does not lead to permanent resident status, it does protect individuals from deportation and allows them to obtain an Employment Authorization Document (EAD).
Benefits of TPS
TPS beneficiaries:
- Are not removable from the United States during the period of designation
- Can obtain an Employment Authorization Document (EAD)
- May be granted travel authorization in certain circumstances
Employment authorization allows TPS holders to work legally by filing Form I-9 with an employer, obtain a Social Security Number, and obtain a driver’s license and state identification.
Important: If you currently hold TPS, you must pay close attention to expiration dates and renewal periods. Missing a renewal period may result in the loss of your status, which may not be recoverable.
TPS Eligibility Requirements
To be eligible for TPS, you must:
- Be a national of a country designated for TPS
- File during the open initial registration or re-registration period
- Have been continuously physically present in the United States since the effective date of the most recent TPS designation for your country
- Have been continuously residing in the United States since the date specified for your country
You may NOT be eligible if you:
- Have been convicted of any felony or two or more misdemeanors committed in the United States
- Are found inadmissible as an immigrant under applicable grounds in INA Section 212(a)
- Participated in the persecution of another individual or engaged in or incited terrorist activity
The Asylum Application Process: Step by Step
The asylum process can be complex and every case is unique. Below are the general stages involved:
1. Initial Eligibility Assessment
Before filing any application, it is essential to meet with an immigration attorney to assess whether you meet the eligibility requirements, including the one-year filing deadline, whether the transit bar applies to your case, and whether any exception may benefit you.
2. Gathering Supporting Documentation
Asylum cases depend heavily on documentary evidence. This includes written declarations, medical records, police reports, country condition reports, witness statements, and any other documentation supporting your fear of persecution. When you meet with your attorney, bring any documentation you may have that supports your claim.
3. Filing Form I-589
The asylum application is submitted using Form I-589, filed with USCIS for affirmative asylum or with the Immigration Court for defensive asylum. In Atlanta, affirmative applications are processed through the USCIS Atlanta Asylum Office.
4. Interview or Hearing
Depending on the type of asylum, you will have an interview with a USCIS asylum officer or a hearing before an immigration judge. Preparation for this stage is critical and requires the support of an attorney with experience in asylum cases.
Why Work With an Atlanta Asylum Attorney?
Asylum applications filed without legal representation have significantly lower approval rates than those filed with the support of an experienced attorney. In a legal system that changes frequently and where details matter, having a knowledgeable attorney by your side can be decisive for the outcome of your case.
At Kuck Baxter LLC, our attorneys have years of experience representing clients from all parts of the world in asylum cases before USCIS and the Atlanta Immigration Court. We understand the system, the most recent regulatory changes, and how to build the strongest possible case to protect your rights. You can feel confident knowing you will receive the best advice possible on whether you may qualify for asylum or another form of protection.
Contact Us to Evaluate Your Asylum Case
If you believe you may have an asylum or TPS claim, please contact Kuck Baxter LLC at your earliest convenience to discuss your case with one of our experienced immigration attorneys in Atlanta. You will need to discuss your situation in depth and in person with an attorney to determine whether you have a strong case.
