Indianapolis Asylum Lawyers

Last updated on July 1, 2026

The asylum attorneys at Hocker Law, LLC, are dedicated to protecting the rights of immigrants in Marion County and throughout Central Indiana. We know that seeking safety in a new country is a brave but difficult step. Our Indianapolis asylum lawyers bring over 13 years of of combined legal experience to your case. We use a team approach to make sure every client gets the support they need to build a life here in Indiana.

How Can An Indianapolis Asylum Attorney Help With Your Case?

Asylum cases are among the most complex areas of immigration law. An Indianapolis asylum lawyer acts as a legal guide through a complex system, carefully evaluating the merits of your case. Because the government requires detailed explanations of why you fear returning to your home country, a lawyer ensures your account meets strict legal standards.

When a person hires an attorney, the lawyer can:

• Complete Form I-589 correctly: An immigration lawyer helps fill out the application for the main applicant and their family members, ensuring every section is accurate.
• Organize evidence and documents: An attorney reviews police reports, medical records, documents and country news to explain clearly how a person’s situation fits the law.
• Prepare for the asylum interview: Your asylum attorney helps individuals practice for the questions an officer will ask so the applicant can tell their story clearly.
• Assist during the interview: A lawyer can provide a final statement to the officer to summarize the legal reasons why asylum should be granted.
• Manage communication and deadlines: The lawyer talks to U.S. Citizenship and Immigration Services (USCIS) and keeps track of all important dates and filing windows to keep the case on track.
• Defend against deportation: If a case goes to immigration court, the lawyer stands before the judge to argue the legal defense for why the person should stay in the country.
• File an appeal with the Bureau of Immigration Appeals (BIA): If your asylum case is denied, our attorneys can file an appeal with the BIA on your behalf. We have extensive experience handling asylum appeals.

What Are The Different Ways To Obtain Asylum In The United States?

There is more than one path to finding safety in the U.S. The path you take depends on many factors, including how you entered the country and if you are currently facing deportation.

Start Your Journey: Affirmative Asylum

You may apply for affirmative asylum if you are already inside the United States and meet the legal categories of fear of persecution. Affirmative asylum is for those already in the U.S. who fear persecution and are not in deportation proceedings. To begin your journey, you must file Form I-589 within one year of arrival, allowing you to proactively present your case to USCIS. The one-year deadline can sometimes allow for an exception given changed or extraordinary circumstances.

At Hocker Law, LLC, we are deeply committed to seeking affirmative asylum for our clients so they can remain in a country where they are safe. We understand the profound courage it takes to leave everything behind, and we are fiercely dedicated to protecting your right to live without fear. Our compassionate team has used our more than 13 years of combined legal experience to treat every client like family. We offer highly knowledgeable representation, so you always feel heard, understood and supported. While we have staff on hand fluent in English, Spanish and French, we can make proper arrangements to have an interpreter in place to assist anyone in any language. You do not have to face this overwhelming process alone—contact us today for a free consultation so we can advocate for your safety and future.

Defensive Asylum: A Shield Against Removal

Defensive asylum happens when the government is actively trying to remove you from the country, and you ask an immigration judge to let you stay as a defense against deportation. Just like the affirmative asylum process, it is critical to note that you generally must file your asylum application within one year of your arrival in the United States, unless you qualify for a specific legal exception.

There are two primary ways you may be placed into defensive asylum proceedings:

• Referred by USCIS after an Affirmative Application: If you applied for affirmative asylum but USCIS did not approve your application, your case is referred to an immigration judge. You are then placed in formal removal proceedings and must defend your right to stay in the U.S. while in court.
• Apprehension and Credible Fear Screenings: If you are apprehended by U.S. Customs and Border Protection (CBP) or Immigrations and Customs Enforcement (ICE) without proper documents—either at a port of entry or inside the U.S.—you are generally placed in removal (deportation) proceedings. ICE or CBP will issue a Notice to Appear (NTA) in immigration court, placing you in the defensive asylum track. You may get detained, set up for supervision or allowed to go depending on your case. The NTA will tell you when you need to appear in immigration court and that starts the process where you need an experienced asylum lawyer to represent you and present your asylum case to the immigration court.

With over 13 years of combined legal experience, our attorneys are highly-equipped to zealously defend your rights in immigration court. As your Indianapolis asylum lawyers, we are here to support you and be your voice in court.

Who Can Qualify For Asylum In Indiana?

To qualify for asylum in Indiana, you must be a foreign national physically present in the United States (or seeking entry at a U.S. port of entry) and not a U.S. citizen. Federal law defines a refugee as a person who is unable or unwilling to return to their home country, and cannot obtain protection in that country. You need to demonstrate that you are unable or unwilling to return to your home country due to having suffered past persecution or having a well-founded fear of future harm. This harm or persecution must be directly related to at least one of five specific protected categories.

• Race: You face danger because of your skin color or ethnic background.
• Religion: You are targeted because of what you believe or where you worship.
• Nationality: You face threats because of the country you come from.
• Social group: You are part of a specific group, such as a family or a vulnerable community, that is being targeted.
• Political opinion: You are in danger because of your political views or because people think you hold certain views.

The government of the country you fled from must be the perpetrator of the persecution or cannot or will not protect you from the perpetrators. If you cannot show this government connection, asylum cannot be granted.

Simply being subjected to general violence or crime does not automatically qualify you for asylum; you must successfully prove the harm you faced was directly tied to one of these five protected categories.

With over 13 years of combined legal experience, our compassionate and highly knowledgeable team draws on our longstanding connections within the Indianapolis immigration community to fight for your safety. We offer personable representation to ensure you will always feel heard and understood.

What Is The Process For Filing For Asylum?

The process involves several steps and lots of waiting. While the government has a statutory target to try to give you a decision within 180 days of your filing date, it is important to know that severe backlogs mean asylum cases routinely take years to adjudicate.

Steps To File For Affirmative Asylum

If you are not in removal proceedings, you will go through the affirmative asylum process. To ensure your application aligns with official USCIS procedures, the general steps are as follows:

• Arrive in the U.S.: You must be physically present in the United States to apply and you must have arrived in the US legally with a visa or other form of legal entry into the US..
• Apply for asylum: You must complete and file Form I-589 within one year of your arrival. Also, you must pay a mandatory $100 initial filing fee when submitting this form. Because of severe government backlogs, if your application remains pending for more than one year, USCIS enforces a recurring $102 Annual Asylum Fee to keep your case active. If you do not pay the Annual Asylum Fee within 30 days of being notified, USCIS will reject your pending application.
• Apply for and receive a work authorization: This allows you to work and obtain a driver’s license in Indiana.
• Fingerprinting and background checks: USCIS will send you a notice to go to an Application Support Center (ASC) for fingerprinting and security checks.
• Receive an interview notice: You will be scheduled for an interview with an asylum officer.
• Attend your interview: You will meet with the asylum officer to discuss your fear of returning home. You may bring an attorney with you to this interview. You should never attend any immigration hearing or interview without a trusts, local representative. We have attended many asylum interviews with our clients. 
• Officer determination and supervisory review: The asylum officer will evaluate your case, and a supervisory officer will check their work to ensure it meets legal standards.
• Receive your decision: You will be provided with a final written decision on your asylum claim. Keep in mind that it may be months or even years after your interview that you receive your decision.  

We know how much is on the line, which is why we meticulously prepare your application, track crucial deadlines like the Annual Asylum Fee, and stand by your side in person at your interview.

The Steps To Filing For Defensive Asylum

If you are in removal proceedings, the process changes because you are now defending yourself against deportation in immigration court:

• Check your notice: Make sure you have a Notice to Appear (Form I-862) and a scheduled court date.
• Complete Form I-589: You still use the standard asylum application, but you must file it with the Immigration Court (EOIR) instead of USCIS for individuals issued a Notice to Appear or whose cases were not retained by USCIS.
• Fee payments: You are required to pay a $100 initial filing fee via the EOIR’s payment portal if filing a new application. However, if your affirmative asylum application was referred to immigration court, you do not need to pay an additional $100. Furthermore, if your case is stuck in the immigration court backlogs for over a year, the EOIR enforces the $102 Annual Asylum Fee to keep your case active. If you miss this annual payment, the judge may dismiss or deny your case immediately. This fee also applies to referred affirmative asylum applicants.
• Gather evidence: A good Indianapolis asylum attorney will review your case and help you determine what evidence is needed to prove your case to the immigration judge. You will then need to collect that evidence.
• File the application: You need to file the application with the court and government lawyers.
• Go to a Master Calendar Hearing: You must attend this preliminary court date to apply for asylum formally.
• Individual Hearing: This is your official trial. Your Indianapolis asylum lawyer will present your full case, submit evidence and argue before the judge to protect you from removal.

If your case is denied, you have 30 days to file an appeal with the Bureau of Immigration Appeals (BIA). The Indianapolis asylum attorneys at Hocker Law, LLC, have significant experience filing appeals with the BIA and are ready to assist with your asylum appeal. 

If your case is granted, you will be an Asylee. After one year, you will then be eligible to apply for a green card. 

We are fiercely committed to defending our clients in immigration court. We have supported numerous individuals and families through the daunting defensive asylum process and are ready to stand up for you.

Protect Your Right To Stay In The United States. Schedule A Free Consultation Today!

You do not have to face the immigration system alone. At Hocker Law, LLC, we use our decades of experience to stand by your side. We offer a free consultation to help you understand your options. Contact us today to start your case at 317-743-9722 or send us an email.