Houston Asylum Attorney

Unlike most immigration applications, you must be a noncitizen present in the U.S. to qualify for asylum. It is not enough just to have a fear of persecution; your fears of facing persecution on your return to your home country must be well-founded. Additionally, you must be unable to return because of that fear.

Asylum Application Process

Affirmative Asylum

You may apply for asylum status without being in removal proceedings through the affirmative asylum process. You must be present in the U.S. to apply through this route and may apply irrespective of your current immigration status. To begin your application, you must file Form I-589 (Application for asylum and withholding of removal).

There is a one-year filing deadline for affirmative asylum applications, which is calculated from the date of your last arrival in the U.S. unless you can show that:

• Extraordinary or changed circumstances resulted in the delay

• You filed within a reasonable time, considering your circumstances

After receiving your application, the USCIS will acknowledge receipt of the application and notify you to visit an application support center for fingerprinting. Additionally, you will receive an interview notice to attend an asylum interview at a USCIS asylum or field office.

If you are not fluent in English, you will need to attend the interview with an interpreter who is at least eighteen. Additionally, you will have to attend the interview with your spouse or child who is seeking derivative asylum benefits. If the USCIS approves your asylum application, you will be allowed to remain in the U.S. However, if the USCIS can’t approve your case and you are in the U.S. illegally, you will be issued a Notice to Appear (NTA) and will be referred to an immigration court. The USCIS may also directly forward your application to the immigration court in some cases. If you are found ineligible for asylum, you may be placed in removal proceedings.

Attending your asylum interview with an experienced immigration attorney from Andrew T. Thomas, Attorneys at Law, may help your interview proceed smoothly. We can help you gather the necessary documents and ensure you are well-prepared to attend your interview.

Asylum Merits Interview

You may apply through this route if you are subject to expedited removal but expressed a credible fear of torture or persecution in your home country. A credible fear screening will be conducted by a USCIS asylum officer to determine if your fear is valid. If positive, they may schedule an asylum merits interview to assess your eligibility for withholding of removal and protection under the Convention Against Torture (CAT) or request that you appear before an immigration judge.

While you can pursue your case independently, you will increase your chances of being granted asylum through this route by working with an experienced deportation defense lawyer like those at Andrew T. Thomas, Attorneys at Law.

Defensive Asylum

Defensive asylum applications are filed when individuals are placed in removal proceedings before an immigration judge. In this process, asylum seekers must submit Form I-589 to the judge unless it has already been filed with immigration services. Houston asylum attorneys specialize in assisting clients through the complex asylum process, helping individuals navigate challenges such as proving political persecution or membership in a particular social group. The asylum journey involves demonstrating a well-founded fear of persecution based on race religion nationality membership in a social group or political opinion.

If granted asylum, individuals may seek legal status in the U.S., including applying for a green card. In cases of ineligibility, withholding of removal or other forms of relief may be available. A Houston asylum lawyer or immigration lawyer will provide critical legal counsel to help individuals seek asylum and represent them throughout the entire process. For those facing unique challenges like non-political crime or extenuating circumstances, working with a skilled asylum attorney is essential. Client reviews and success stories from Houston immigration attorneys demonstrate how they help immigrants and refugees from other countries, including El Salvador, achieve their immigration goals.