Trusted Immigration Lawyer

Compassionate Legal Assistance for Asylum Seekers

Navigate the Asylum Process with Experienced Legal Support

Every year, thousands of individuals arrive in the U.S., seeking asylum to escape persecution, violence, and threats in their home countries. Asylum offers legal protection, preventing deportation and providing a path to lawful residency and citizenship. At Martinez Immigration, our dedicated immigration lawyers help applicants navigate the complex asylum process, ensuring their rights are protected and their applications are thoroughly prepared.

Need assistance with your asylum application? Contact our skilled attorneys today!

Understanding Asylum

Asylum is a form of legal protection available to individuals who have suffered persecution or have a well-founded fear of future persecution in their home country based on:

Race
Religion
Nationality
Political Opinion
Membership in a Particular Social Group

Asylum allows individuals to stay in the U.S., work legally, and eventually apply for a Green Card and citizenship.

Who may need an immigration attorney for Asylum?

An immigration lawyer can assist individuals who:

Fear Persecution in Their Home Country – Those who have experienced or are at risk of violence, torture, or persecution due to their identity or beliefs.
Are in the U.S. or Seeking Entry – Individuals applying for asylum from within the U.S. or at a U.S. port of entry.
Have a Complex Case – Applicants who missed the one-year filing deadline, have insufficient evidence, or face deportation.
Need Representation in Immigration Court – Individuals defending against deportation while seeking asylum protection.

Missing deadlines or lacking evidence can lead to denial

An immigration lawyer can help strengthen your case.

Eligibility Criteria for Asylum

To qualify for asylum, you must:

Apply Within One Year of Arrival – Applicants must file Form I-589 within one year of entering the U.S., unless there are changed circumstances or extraordinary reasons for the delay.
Prove a Well-Founded Fear of Persecution – You must provide credible evidence that returning to your home country would put you at risk.
Show Persecution is Based on Protected Grounds – Persecution must be tied to race, religion, nationality, political opinion, or membership in a particular social group.
Be in the U.S. or Arriving at a Port of Entry – Asylum seekers must be physically present in the U.S. or seeking entry at the border.

Types of Asylum Applications

01

Affirmative Asylum Process (USCIS)

Filed by individuals not in removal proceedings who proactively apply for asylum with U.S. Citizenship and Immigration Services (USCIS).

01

Defensive Asylum Process (Immigration Court)

Filed as a defense against deportation, requiring representation in immigration court.

Are you unsure which process applies to you? Our immigration lawyers can assess your case and guide to help you navigate the process effectively.

How to Apply for a Humanitarian Visas Process

Submit a Formal Request

Prepare a detailed request to USCIS for humanitarian reinstatement.

Provide Supporting Evidence

Include proof of relationship, financial support, and humanitarian need.

Secure a Substitute Sponsor

A U.S. citizen or lawful permanent resident (LPR) relative must complete Form I-864 (Affidavit of Support).

USCIS Review

USCIS will assess the case based on humanitarian factors and legal eligibility.

Decision on Your Case

If approved, your immigration case will proceed as if the petitioner were still alive.

Humanitarian reinstatement is granted at the discretion of USCIS, so presenting a strong case is crucial. An immigration lawyer can help you gather the right evidence and structure your request.

Required Documentation

Death Certificate of the Petitioner

Proof of the petitioner’s passing.

Approved I-130 Petition

USCIS approval notice of the original petition.

Proof of Relationship

Marriage certificate, birth certificate, or adoption records.

Financial Support Documentation

Form I-864 from the substitute sponsor, along with tax returns and proof of income.

Proof of Humanitarian Need

Evidence of emotional, financial, or health-related hardship.

Proof of Residency (if applicable)

Evidence showing you were living in the U.S. at the time of the petitioner's death.

Not sure which documents you need? An immigration lawyer can guide you!

Common Challenges & Legal Solutions

Challenges

Solutions

Lack of a Qualified Substitute Sponsor

Without a qualified sponsor, the request may be denied.

An immigration lawyer can help identify a suitable sponsor and prepare supporting evidence.

Insufficient Evidence of Hardship

USCIS may deny reinstatement if the humanitarian need is not well-documented.

A lawyer can help compile evidence, such as medical records, financial statements, and expert testimonies.

Petitioner’s Death Before I-130 Approval

If the petitioner died before I-130 approval, you may not qualify for reinstatement.

An immigration lawyer can explore other immigration options, such as parole or humanitarian visas.

Inadmissibility Due to Past Violations

Prior overstays or visa violations may affect eligibility.

A lawyer can assess whether you qualify for a waiver or other legal relief.

Additional Resources

Frequently Asked Questions

What happens if I don’t have a substitute sponsor?

You must have a substitute sponsor to qualify for humanitarian reinstatement. A lawyer can help you find and prepare a sponsor.

Can I still apply if the petitioner died before I-130 was approved?

No, humanitarian reinstatement only applies to approved I-130 petitions. Other options may be available through parole or other humanitarian visas.

What factors does USCIS consider when deciding on humanitarian reinstatement?

USCIS considers the emotional, financial, and health-related impact on the applicant, as well as the humanitarian benefit of approval.

How long does humanitarian reinstatement take?

Processing times vary, but most cases are resolved within 6–12 months. Complex cases may take longer.

Can I include my spouse or children in my application?

Yes, if they were included in the original I-130 petition, they may also qualify for reinstatement.

Satisfied Clients Share Their Martinez Immigration Journey

    
 
 
       Posted on Google  
   
   Bramty Juliette 
 
 
 
 Trustindex verifies that the original source of the review is Google. Every single person that works at this law firm is AMAZING! I recommend them to everyone!! I worked with Kate and she was so nice, quick with email responses, professional, and on top of every single little thing from the beginning to the end. 10/10. Thank you!
  
 
      Posted on Google  
   
   Irina Krivets 
 
 
 
 Trustindex verifies that the original source of the review is Google. This firm is absolutely best. I been dealing with immigration for past 10 years. My case was something so complicated that most lawyers could not even make a suggestion. Kathleen took case proposed solution and we won! Her team is extremely detail oriented, I have to say separate thank you to Kate Sauceda for everything she did for me. Thank you all.
  
 
      Posted on Google  
   
   Carlo De La Cruz 
 
 
 
 Trustindex verifies that the original source of the review is Google. Very professional, very focused on every detail, they maintain aware of everything and they help with whatever question that they have, very good team I recommended 100%
  
 
      Posted on Google  
   
   Viraj Deshwal 
 
 
 
 Trustindex verifies that the original source of the review is Google. Martinez Immigration specially Adriana, Kathleen, Karina, Rosa, and everyone who worked on my case, I am heartily thankful for your great service and continuous support through the case. I recommend Martinez Immigration to anyone looking for a trustworthy attorney firm.
  
 
      Posted on Google  
   
   Marlon Flores 
 
 
 
 Trustindex verifies that the original source of the review is Google. Maria G. and her team were amazing! Always kept us in the loop and was always ready to answer any of our questions without making us feel unintelligent. I would work with her and the team again.
  
 
      Posted on Google  
   
   Daisy Hernandez 
 
 
 
 Trustindex verifies that the original source of the review is Google. Definitely recommend 1000000/10 they are truly amazing!! Helped us with every single question we had and always contacted us with information and updates ! Truly grateful for them !
  
 
      Posted on Google  
   
   Mohammad Alkhdour 
 
 
 
 Trustindex verifies that the original source of the review is Google. ⭐⭐⭐⭐⭐ I had an amazing experience with Martinez Immigration! The entire team was professional, supportive, and always kept me updated throughout the process. They answered all my questions and made sure I understood every step. I truly appreciate their dedication and hard work. Thanks to them, my work permit was approved smoothly and faster than I expected. I highly recommend Martinez Immigration to anyone needing immigration services—you’ll be in great hands!
  
 
      Posted on Google  
   
   Henry Perea 
 
 
 
 Trustindex verifies that the original source of the review is Google. Two thumbs up to Team Adriana. They did a fantastic job in preparing an expidite request to USCIS for our UVisa application. We were notified today by Adriana that the expidite was approved. We are one step closer to being approved. Hopefully soon! Thank you Martinez Immigration for diligently working on our case
  
 
      Posted on Google  
   
   Veronica Garcia 
 
 
 
 Trustindex verifies that the original source of the review is Google. Martinez immigration helped us with my husband’s case, this was our second time after filing the first time and being left on administrative processing due to lack if paperwork. When we hired Martinez Immigration for our process the second time, Kathleen and Alejandra explained everything in detail and reassured us we would have their support throughout the process and we were hesitant. We began our process in 2021 and my husband just arrived in the US January 2025. We worked with Liliana Gonzalez who helped us with any questions we had in a timely manner and made sure to update us with any information we needed. Thank you Martinez Immigration!
  
 
      Posted on Google  
   
   jacqueline michelle 
 
 
 
 Trustindex verifies that the original source of the review is Google. Great firm and great team! Thank you Bianca for all your help

Google rating score: 4.9 of 5, base on 686 reviews

Get Legal Help from an Immigration Lawyer

Need expert legal help with your humanitarian reinstatement request? A trusted immigration lawyer at Martinez Immigration will guide you through the entire process.