Political Asylum, Immigrant, Deportation & Removal Defense - Law Offices of S. Ouya Maina in Berkeley, CA

To qualify for political asylum, you must demonstrate that you’ve suffered persecution or have a well-founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Many applicants wrongly assume general violence or poverty qualifies. The law is specific—persecution must be targeted and connected to one of these protected grounds. Attorney S. Ouya Maina helps clients identify credible threats and build a detailed, evidence-supported case to meet these high legal standards while avoiding common mistakes that can weaken an application.

You must apply for asylum within one year of arriving in the United States. Missing this deadline can result in automatic denial unless you can prove exceptional circumstances, such as serious illness, legal disability, or changes in your home country’s conditions. Many applicants lose their chance because they wait too long or misunderstand the deadline. S. Ouya Maina evaluates your timeline, determines whether any exceptions apply, and ensures your case is filed properly and on time to preserve your right to stay.

Yes, you can apply for asylum even if you are already in removal or deportation proceedings. This is called a defensive asylum application, and it must be presented in immigration court. Defensive cases are more complex and require presenting evidence directly before a judge and, often, a government prosecutor. Attorney S. Ouya Maina has extensive courtroom experience and can build a compelling defense that includes asylum, withholding of removal, or relief under the Convention Against Torture, depending on your situation.

Common mistakes include missing filing deadlines, submitting incomplete forms, failing to provide consistent testimony, or relying on weak or unverifiable evidence. Others mistakenly believe they can represent themselves or use “notarios” who lack legal credentials. Even small discrepancies can harm your credibility. S. Ouya Maina carefully reviews every detail of your case, prepares you for interviews and hearings, and ensures that your narrative is consistent and supported by solid documentation, helping you avoid errors that could lead to denial or deportation.

Yes, applying for asylum is legal even if you entered the U.S. without permission or overstayed your visa. You are protected from deportation while your asylum case is pending. However, doing this without legal representation can be risky. Immigration authorities may still pursue removal if your case is denied. S. Ouya Maina provides strategic representation that both protects your rights during the process and evaluates other potential forms of relief, such as Temporary Protected Status (TPS) or cancellation of removal, if applicable.

Yes. Your spouse and unmarried children under 21 can be included in your asylum application as derivatives. However, they must be physically present in the U.S. at the time you file. Many clients fail to realize that not including eligible family members at the start can delay or complicate family reunification. S. Ouya Maina ensures all eligible family members are properly listed and later assists with follow-up applications or adjustments of status when your asylum case is approved.

If your asylum application is denied, you may still be eligible for appeals or other forms of relief, including withholding of removal, protection under the Convention Against Torture, or motions to reopen or reconsider your case. The timeline for appeals is short—typically 30 days—so acting quickly is essential. Attorney S. Ouya Maina reviews your decision thoroughly, explains your options clearly, and pursues the most strategic path based on your immigration history, country conditions, and the judge’s reasoning.

While all three protect you from deportation, they differ significantly. Asylum offers a path to permanent residence and family reunification. Withholding of removal only stops deportation to a specific country and doesn’t lead to permanent status. CAT protection (Convention Against Torture) is for individuals likely to face torture in their home country and provides minimal rights. S. Ouya Maina evaluates which form of protection best fits your case, especially if you have prior criminal convictions or missed the asylum deadline.

Yes, asylum applicants are generally advised not to travel outside the U.S. while their application is pending. If you return to your home country—even briefly—it could undermine your claim that you fear persecution. After approval, you can apply for a Refugee Travel Document, but caution is still needed. Also, certain asylum-based statuses can affect future green card or citizenship applications. Attorney S. Ouya Maina provides guidance on safe travel, lawful status adjustments, and planning your long-term immigration future.

Yes, but only after your case has been pending for 150 days without a decision. After that, you can apply for a work permit (EAD). Many people wrongly assume they can work immediately, risking violations that hurt their credibility. Attorney S. Ouya Maina ensures your application is properly timed and submitted so you can legally work as soon as you're eligible, helping avoid unnecessary delays or complications with immigration enforcement.