Asylum Attorney in New Orleans

Over 20 Years Handling Asylum Cases Across the Most Difficult Grounds

Asylum cases demand early action. The New Orleans Immigration Court began holding mass calendar hearings in June 2026, scheduling 200 or more people per day, and removal proceedings are accelerating. Nationally, unrepresented asylum seekers are denied approximately 77% of the time. Getting an attorney involved before your hearing date is one of the most consequential decisions you can make.

Wheatley Immigration Law, LLC focuses solely on immigration law and handles asylum cases for individuals and families throughout the New Orleans area and beyond. Attorney Dayna Wheatley brings more than 20 years of immigration experience, and Attorney Theresa Dorcelus brings focused experience in all phases of removal proceedings, including credible fear and asylum. We accept calls 24/7 and offer payment plans so cost and timing don’t stand between you and representation.

Who Qualifies for Asylum in the United States

U.S. asylum law protects individuals who have suffered persecution or who have a well-founded fear of future persecution in their home country. To qualify, that persecution must be based on at least one of five protected grounds.

Asylum protection covers threats of persecution based on:

• Race
• Nationality
• Religion
• Political opinion
• Membership in a particular social group

Form I-589, the asylum application, must generally be filed within one year of your entry into the United States. Missing that deadline doesn’t necessarily end your options. It’s also possible to seek asylum or related relief after being placed in removal proceedings. If your claim is denied, you may have options through immigration appeals.

Affirmative vs. Defensive Asylum: Two Paths to Protection

How you apply for asylum depends on whether you’re currently in removal proceedings. The two pathways involve different procedures, venues, and timelines, and knowing which applies to your situation is the critical first step.

Affirmative Asylum

If you’re not in removal proceedings, you file Form I-589 directly with USCIS. Your interview takes place at the USCIS asylum office in Metairie, Louisiana. An attorney can accompany you, and an interpreter may be present if needed. While your case is pending, you may be eligible to apply for employment authorization.

Defensive Asylum

If you’re already in removal proceedings, you request asylum as a defense before an immigration judge at the New Orleans Immigration Court, located at One Canal Place. It’s the only non-detained immigration court in Louisiana. Representation at this stage is especially critical given how quickly the court is now scheduling hearings. Employment authorization is also available while a defensive case is pending.

Alternative Relief: Withholding of Removal & CAT Protection

If you missed the one-year filing deadline, you may still qualify for protection. Withholding of Removal and relief under the Convention Against Torture (CAT) are available to individuals who can’t meet the one-year requirement but face serious risk of harm if returned to their home country. These forms of relief don’t lead to permanent residence, but they do allow you to remain in the United States and obtain employment authorization.

Exceptions to the one-year deadline exist for changed or extraordinary circumstances. We review each client’s full timeline to identify every avenue of relief that may apply.

Path to a Green Card After Asylum Approval

Once you’ve been physically present in the United States for one year after being granted asylum, you may apply for lawful permanent resident status. Spouses and children who received derivative asylum through your application can apply for their green cards at the same time using USCIS Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of status cases can take a year or more to be approved.

To be eligible, you must meet the following requirements:

• Be physically present in the U.S. when you file Form I-485
• Have been physically present in the United States for at least one year after asylum was granted
• Continue to meet the definition of a refugee, or be the spouse or child of a refugee
• Not have resettled in a foreign country since being granted asylum
• Not have had your asylum terminated
• Remain admissible to the United States

Why New Orleans Asylum Seekers Choose Wheatley Immigration Law, LLC

Asylum is among the most evidence-intensive areas of immigration law, requiring thorough country-condition documentation, detailed personal declarations, and skilled advocacy at the interview or hearing. Our record reflects the difficulty and range of cases we’ve handled.

Our Asylum Case Record

Past results from our practice include asylum won on appeal after remand for a family connected to the Rwandan genocide; withholding of removal for a Burmese refugee woman in the face of strong public opposition; asylum for women who survived genital mutilation and forced marriage in Africa; asylum for a Syrian man who ran for political office against the ruling regime; and asylum for a gay man whose prior circumstances were used against him. These are past results. Every case turns on its own facts.

Our Attorneys

Attorney Dayna Wheatley began her immigration career as a judicial extern at the Chicago Immigration Court and earned her JD from IIT Chicago-Kent College of Law in 2003. She is an active member of AILA and the Federal Bar Association. Attorney Theresa Dorcelus brings focused experience in removal proceedings, credible fear, and asylum hearings.

Multilingual Service

We serve clients in Spanish, Arabic, Hindi, Punjabi, and Vietnamese, which matters in a city as linguistically diverse as New Orleans.