Book A Free Consultation now
Book A Free Consultation now
Dallas Political Asylum Lawyer
Book A Free Consultation now
Book A Free Consultation now
Proudly Serving Dallas & Houston.
Under U.S. law, people fleeing their countries for fear of persecution can apply for asylum. U.S. immigration law provides that a person who has been granted asylum can remain in the country without fear of deportation to a nation where they fear persecution or harm. People who have been granted asylum are referred to as asylees. Asylees can work, travel abroad, and apply for their spouse or unmarried children below the age of 21 to join them. In addition, asylees can apply for U.S. citizenship five years after admission to lawful permanent residence.
There are three types of asylum.
An asylum is a form of protection from persecution. Once granted asylum, you can gain a path to citizenship by applying to live in the United States permanently. You can also apply for your spouse and kids to join you in the United States. In addition, foreign nationals already in the United States or who arrive at the border and can be categorized as a “refugee” as per the international law definition may be eligible for asylum.
A refugee is defined as an individual who is unwilling or unable to return to their home country and is not able to obtain protection in such a country due to persecution in the past or a legitimate fear of getting persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” [The United Nations 1951 Convention and 1967 Protocol]. The subject has to provide evidence demonstrating they have suffered persecution due to a protected ground or that they have a “well-founded fear” of future persecution in their native land.
Seeking asylum could be hard. As you need to demonstrate that your native country is no longer supporting you. Working with an asylum attorney can help you understand the legal matters associated with it. With a better understanding of Immigration laws, your immigration attorney will ask you about your background and details of past persecution (if any), and your legal status to share more details with you.
Withholding of Removal is a form of protection that prevents deportation to a country where an individual’s life or freedom would be threatened. Unlike asylum status, it does not provide a path to a green card or citizenship. Instead, it allows the person to remain in the United States and work legally.
The applicant must show that it is more likely than not—over a 50% chance—that they would face persecution based on race, religion, nationality, membership in a particular social group, or political opinion if returned to their home country. This is a higher legal standard than asylum. More details about how it compares to asylum can be found here: Withholding of Removal vs. Asylum.
Asylum and refugee status are closely related but have important differences. Both provide protection to individuals fleeing persecution, but the key distinction lies in where the application is made. Asylum is requested by individuals already in the United States or at a port of entry, while refugee status is applied for abroad, usually through the United Nations or a U.S. embassy.
Another difference is procedural. Refugee applicants undergo a screening process before entering the U.S., while asylum seekers file their claims once they are physically present. Both forms of protection allow individuals to work, seek permanent residency, and eventually apply for citizenship.
Understanding the differences between asylum and refugee status is important for determining eligibility and the right strategy. Both pathways require strong supporting evidence, and applicants often face challenges in asylum cases, such as strict deadlines and credibility assessments. Families may also qualify for benefits like family reunification for refugees, which can make a significant difference in long-term planning.
CAT relief applies when a person can demonstrate that they are likely to face torture if returned to their country. Unlike asylum or withholding of removal, it is not limited to persecution on protected grounds. Instead, the focus is on whether torture would occur with the involvement or consent of a public official.
CAT relief does not lead to permanent residence or citizenship, but it does provide protection from deportation and the ability to live and work legally in the U.S. It can be a crucial safeguard for those who may not qualify for asylum but still face extreme danger in their home country.
Hiring an experienced asylum lawyer provides asylum seekers with expert guidance through the complex asylum application process. Asylum lawyers help gather and present evidence, improving the chances of being granted asylum. They represent clients in immigration court and during asylum interviews, ensuring their rights are protected. An experienced asylum attorney can navigate the nuances of immigration law and effectively communicate with asylum officers and immigration judges. This professional support is crucial for asylum applicants facing removal proceedings and seeking asylum in the U.S., increasing the likelihood of achieving a favorable outcome.
A person not subject to removal proceedings can affirmatively apply for asylum via the U.S. Citizenship and Immigration Services (USCIS). You are required to apply within the one-year deadline from your last arrival in the United States. If you fail to do this, you are barred from applying altogether.
First, a form is completed, after which you will need to attend an interview with an asylum officer who will assess the case and then decide whether to grant you asylum status. If the asylum officer rejects the application, the matter is referred to the immigration court for removal proceedings.
In that case, clients seeking asylum will receive a Notice to Appear (NTA) for a hearing where they will have another opportunity to present their case for asylum.
Experienced asylum lawyers can assist during this process, increasing the chances of a successful outcome. If granted asylum, individuals can later apply for lawful permanent resident status.
When a person is the subject of deportation proceedings, including instances in which an affirmative application has been rejected, the matter is decided by an immigration judge at the immigration court. A potential defense to deportation is to apply for a defensive asylum to be granted.
An individual placed in custody within 14 days of their entry into the United States and assigned “expedited removal” proceedings is subject to the expedited asylum process.
A USCIS asylum officer reviews and adjudicates the asylum claim before placing the individual into formal removal proceedings. If asylum is denied, they are referred to the immigration court for removal proceedings, and further hearings on their asylum application are expedited.
Asylum seekers present at a U.S. port of entry or who enter the United States without inspection are generally required to apply through the defensive or expedited asylum processes.
The interview lasts at least an hour, although it can vary from case to case. You are required to administer an oath promising to speak the truth during the interview. The asylum officer verifies your identity and will ask basic biographical questions, reasons for applying for asylum, and other questions to ascertain if any considerations will restrain you from applying for asylum or being granted one.
Though it may be hard for you to talk about painful and traumatic experiences that led you to leave your country behind, it is essential that you share your circumstances so that the asylum officer can assess whether you are eligible for asylum.
The contents of your conversation with the asylum officer are entirely confidential. At the end of the interview, you and your asylum lawyers can make a statement or add additional information. The asylum officer will not decide your case at the asylum interview.
There is often a massive backlog of asylum applications. Technically, you should receive an invitation for an interview within 45 days, but this depends on many factors.
The decision will be emailed to you once it has been made. Timelines fluctuate, so it can take two to three months to receive a decision. In the case of an affirmative asylum process, the USCIS mandates that a decision should be taken within 180 days of filing the application. However, longer wait times have been reported as well.
If the asylum officer denies your application, they will refer your application to the immigration court.
Historically, the asylum office does not provide interpreters. You have the option to take along your interpreter. However, in light of the covid-19 pandemic, the USCIS published a temporary final rule which states that till March 16, 2023, the USCIS will provide contract interpreters who will provide their services telephonically and free of charge. These contract interpreters are fluent in 47 languages. For other languages or subject to extraordinary circumstances, you can get your own interpreter.
It is not mandatory. However, the process can be quite complex. Often, there are language barriers, and thousands of cases are processed annually. Your chances of success are likely to increase significantly when you brief asylum attorneys. Consult with an immigration lawyer with experience in the relevant Practice Areas.
There are free or low-cost legal services available for asylum seekers. Numerous non-profit organizations, legal aid societies, and pro bono programs offer legal assistance to those unable to afford private lawyers.
These services often include guidance on the asylum application process, representation in court, and help with appeals if necessary. Organizations like the American Immigration Lawyers Association (AILA) and local immigrant advocacy groups can provide referrals.
Additionally, some law schools have legal clinics where supervised students offer free legal aid. It’s important to verify the credibility and experience of these services in asylum law for effective assistance.
Having your lawyer with you at the interview and any hearings you may be required to attend is a good idea. Andrew T. Thomas, Attorneys at Law will assist you in following the correct procedure and will be with you throughout the process.
Many people feel intimidated by the complex processes. Having an experienced, confident professional at your side can help calm your nerves. Our immigration attorneys handle various immigration matters, including Family Base Petitions and Green Cards. So give us a call today.
There are no government fees for asylum applications. However, if you decide to use legal representation, you will be responsible for covering the legal costs the law firm charges.
If applying for affirmative asylum, you should submit two sets of Form I-589 (the original you filled out, plus one copy if filing by mail). You should also include the following:
