If you’re seeking asylum in the United States to avoid danger in your home country, it’s imperative that you understand your rights as well as common roadblocks that can stand between you and status as a refugee.
While asylum laws are the same in Louisiana as they are in every other state, the application process can vary depending on the asylum office or immigration court overseeing your case. A Louisiana asylum lawyer from Sardi Isaza Law LC can help you with your case.
As of mid-2025, more than 117 million people across the globe have been displaced from their homes by crises. If you’re navigating an asylum case, you can expect to do so through the United States Citizenship and Immigration Services (USCIS).
The USCIS is a division of the Department of Homeland Security (DHS) that oversees lawful immigration, naturalization, and temporary benefits for individuals and families coming into the country.
People typically seek asylum in the United States to escape persecution, torture, or other violence in their home countries. In these situations, their own governments are unable or unwilling to protect them. There are a handful of ways to secure asylum in the United States:
The affirmative asylum process is for individuals who want to apply for asylum proactively through the U.S. government. In order to apply this way, you must not be in removal proceedings. It’s possible to reapply if your application is denied as long as you meet all other eligibility requirements.
The defensive asylum process refers to situations where an individual is actively in removal proceedings. You must file with an immigration judge at the Executive Office for Immigration Review (EOIR). Defensive asylum is used as a defense against removal from the country.
There is another situation that may result in an asylum case. If you express a fear of persecution or torture if returned to your country, you can expect to undergo a credible fear screening in order to apply for asylum.
In the event you were placed in expedited removal proceedings and received a positive fear determination, your asylum application may have been held until you can attend an Asylum Merits Interview with the USCIS.
You have the right to an attorney for both affirmative and defensive asylum processes. However, it’s important to note that the U.S. government does not provide a lawyer in the event you are unable to hire your own, as they do in the criminal court system. It’s up to you to secure your legal representation.
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Sardi Isaza is a local Louisiana law firm with roots that run much deeper. Attorneys Pablo Isaza and Ana Maria Sardi are both immigrants from Colombia, giving our firm a unique understanding of what it’s like to move to this country. We can also communicate with our clients in both English and Spanish.
Though we’re based in Louisiana, US, we’re prepared to help our clients nationwide. When you choose us to represent you, you’re choosing honest guidance and consistent advocacy. You’re also choosing a local team that is:
The eligibility requirements for seeking asylum in Louisiana include filing deadlines, required documentation, and your presence in the country and state. For starters, applicants must file for asylum within one year of entering the country.
In addition to filing your application, you’re expected to provide any identifying documents as well as evidence of persecution or other danger. You may be considered ineligible for asylum under specific circumstances. A Louisiana asylum attorney from Sardi Isaza can help you understand your options.
How long the asylum process takes in Louisiana can depend on a number of different factors. There are long wait times throughout different stages of the process as well as individual delays like follow-up requests for additional evidence.
Asylum cases are not known for resolving quickly. Exact wait times can depend on the type of asylum application and the court’s backlogs. In 2024, the backlog for asylum applications reached 1 million for the first time.
Yes, you can reapply for asylum in Louisiana through immigration court proceedings. The first time you apply for asylum, it’s going to be through the affirmative asylum process. If USCIS denies your application, you can expect to be referred to removal proceedings.
It’s possible to reapply, but you must do so through the defensive process this time. You must demonstrate that your circumstances have changed enough to materially affect your eligibility. You can’t resubmit the same application.
How long you have to wait to apply for a green card after asylum is approved in Louisiana can depend on the details of your case. Under federal law, asylees can apply to be lawful permanent residents (LPR) after being in the United States for one year after being granted asylum.
If you’re seeking asylum and applying through a Louisiana asylum office or immigration court, you can count on a Louisiana asylum lawyer from Sardi Isaza to help you through the process.
If you’re ready to discuss your case, the team at Sardi Isaza is here to listen. We have years of experience navigating complex asylum cases through Louisiana immigration courts and asylum offices.
Reach out to Sardi Isaza to discuss your legal options in an asylum case with an attorney you can trust. You can reach us at one of our offices in Metairie or Baton Rouge to talk about what comes next. Contact an office near you to get started with a consultation today.
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