TOP-RATED POLITICAL ASYLUM ATTORNEYS IN TEXAS
TEXAS POLITICAL ASYLUM ATTORNEYS
Davis & Associates are your attorneys of choice for help with political asylum cases in Houston and Dallas Metroplex.
Lead by our founder and managing partner Garry Davis, our experienced immigration attorneys provide expert legal counsel for all aspects of the political asylum application and refugee status, and can represent clients from any country in the world.
POLITICAL ASYLUM LAW FIRM
Our immigration law firm and experienced lawyers are focused exclusively on the practice of US Immigration Law. We advise immigrants and refugees on political asylum applicants when they fear persecution in their home country due to:
- Religious beliefs
- Race
- Nationality
- Political opinion
- Membership in a social group
WHAT CONSTITUTES A CASE FOR ASYLUM?
If you fear persecution upon returning to your home country, you may be eligible for political asylum in the United States. In order to qualify for political asylum, however, the harm you fear must be based on religion, race, nationality, political opinion or membership in a particular social group. The persecution you fear must be either from a part of the government or an individual or group that the government cannot, or will not, protect you from.
What, in particular, qualifies as persecution?
Persecution is extreme mistreatment and violence that is targeted. The violence perpetrated may be physical, psychological, or emotional. Specific acts that establish cases of persecution include:
- Genocide, and other types of violations of human rights
- Beating, sexual assault, genital mutilation, or forced abortion, sterilization, or labor
- Physical or mental torture
- Being imprisoned without getting due process, or for political or discriminatory reasons; or unlawful imprisonment or detention that continues for a prolonged period
- The restriction of food, housing, education, or employment
- Threats of serious harm that causes emotional or mental distress
- Forcing a certain group to participate in activities that are against its cultural convictions or customs
It’s important to note that simply being harassed does not qualify as persecution.
An attorney who has experience with political asylum cases will know what you need to do in order to prove your case.
Regardless of your current immigration status, even if you are in the United States unlawfully, you must file an application for political asylum within one year after you have arrived in the United States.
How Do You Apply For Asylum?
To apply for asylum, you’ll need to file Form I-589, Application for Asylum and for Withholding of Removal (remember, you must file within a year of arriving in the United States). You’ll have to attend a biometrics appointment at an Application Support Center (ASC) to take a photo and provide your signature and fingerprints. You will also have to attend an asylum interview. If U.S. Citizenship and Immigration Services (USCIS) determines that your asylum claim is warranted, you will be approved for status as an asylee.
5 Things To Know About The Asylum Process In The United States
The United States offers its protection to people from other nations who are dangerously persecuted in their home countries – but what should you know if you’re considering asking for asylum?
In order to obtain asylum in the United States, a person must present him- or herself to immigration authorities and claim a credible fear of persecution. If you intend to present yourself to an immigration officer and ask for asylum, here are five things you need to know:
- You must have a valid fear of or history of persecution
- You must ask for asylum within one year of your arrival in the U.S.
- You’ll have to submit to an asylum interview
- Your asylum application could be denied, but you may be able to appeal a denial
- Asking for asylum is different from asking for refugee status
Here’s a closer look at each.
1. You Must Have A Valid Fear Of Or A History Of Persecution.
Persecution can take place in many ways, such as discrimination, physical abuse, unjust arrest or imprisonment, and other types of harm. The persecution must come from your country’s government or from forces beyond your government’s control, such as guerrilla groups.
2. You Must Ask For Asylum Within One Year Of Your Arrival In The U.S.
There’s a one-year deadline on applying for asylum in the United States, although in some cases you may qualify for an extension. The deadline applies to either your arrival in the United States (if you entered the country without a valid visa) or your visa’s expiration date. You’ll need to file a certain form with the U.S. government, and you must attach documents and proof that you credibly fear persecution, or you have suffered persecution in the past.
It’s important for you to know that you may be ineligible for asylum if you’ve had a previous application for asylum be rejected by an immigration judge, or the Board of Immigration Appeals (BIA).
3. You’ll Have To Attend An Asylum Interview
The U.S. Citizenship and Immigration Services office nearest you will call you in for an interview after you have applied for asylum. During the interview, you’ll have to back up your claims about being persecuted or explain why you have a well-founded fear of persecution. The officer who interviews you will go over all the names, dates and facts you stated in your application and may ask you specific questions about them. He or she might also ask you about things that aren’t listed on your application.
Learn more about the asylum interview process.
4. Your Asylum Application Could Be Denied, But You May Be Able To Appeal A Denial.
You won’t receive a decision on your asylum application the same day as your interview. However, you will get a date to come back and find out whether your asylee status was approved by USCIS. When you come back, you’ll receive the agency’s decision in writing.
If your application is denied, you may be able to appeal the decision. Sometimes, when that happens, people turn to immigration attorneys for help.
5. Asking For Asylum Is Different From Asking For Refugee Status.
While asylum and refugee status are essentially the same, they differ in that you ask for asylum when you’re on U.S. soil or in a U.S. territory. If you’re not currently on U.S. soil or in a U.S. territory, you must ask for refugee status.
If You’re Granted Asylum, What Benefits Are You Entitled To?
Asylees qualify to apply for benefits like an Employment Authorization Document (EAD) for authorization to work in the United States, an unrestricted Social Security card, employment assistance, cash and medical assistance, as well as a Refugee Travel Document.
How Do You Apply For Employment Authorization?
If you are approved for asylum, you’ll receive Form I-94, Arrival and Departure Record, which will indicate that you are permitted to remain in the United States indefinitely. It also means that you are permitted to work. If you would like, you can receive a photo ID as proof of your ability to work by applying for it with USCIS. However, the ID isn’t a requirement for you to be able to seek and obtain employment.
Can Your Entire Family Seek Asylum?
If you want to include family members on your petition for asylum, your spouse and children who are under 21 years old and unmarried—and all of them are located in the United States, USCIS will approve them for asylum if they grant it to you. If you have family that is not located inside of the U.S., you can petition for them to receive derivative asylum by filing form I-730, Refugee/Asylee Relative Petition.
Can You Lose Your Status As An Asylee?
You may lose your status as an asylee if there is a change in the conditions in your home country and your fear of persecution is no longer warranted. Your status may also be terminated if you have gotten protection from another country, or if you have committed a crime that makes you ineligible.
Who Is Prohibited From Receiving Asylum?
You may be prohibited from a grant of asylum if you:
- Participated in the persecution of another person or group due to their race, nationality, political or religious beliefs, or because they’re a member of a particular social group
- Committed a crime that makes you a national security threat to the United States
- Were relocated to another country before you came to the U.S.
You can also be barred from asylum if you are inadmissible because you are a part of a terrorist organization or received military-like training from a terrorist organization; participated in terrorist activity or are likely to; incited terrorist activity or convinced others to support terrorists.
OUR IMMIGRATION ATTORNEYS CAN HELP WITH YOUR POLITICAL ASYLUM CASE
Attorney Garry Davis and his team of experienced immigration lawyers at Davis & Associates represent refugees and political asylum applicants from countries all over the world.
Individuals and families who try to work through the political asylum application process on their own aren't always sure what information they should, or should not, provide or how to establish qualifying evidence—which can result in their case being denied or unnecessarily delayed. Davis & Associates immigration attorneys can help ensure that your case is properly documented and managed to avoid unnecessary delays, and increase your chances for success.
Related:Ask Garry: USA Political Asylum Issues – One Year Filing Deadline And Work Authorization, The USCIS’s Proposed Rule To Prevent Asylum Seekers From Obtaining Work Authorization, USCIS Asylum News and Announcements
Do You Need To Talk To An Immigration Lawyer About Asylum?
If you’re considering asking the U.S. government for asylum, we may be able to help you. Call us today to schedule your free consultation.
Political Asylum Questions
Political asylum in the United States is a form of protection available to individuals who have suffered persecution or fear future harm in their home country due to race, religion, nationality, membership in a particular social group, or political opinion. To pursue asylum, an applicant must file within one year of arrival and demonstrate credible fear of persecution. An immigration lawyer can explain eligibility requirements, help prepare evidence, and represent you throughout the process.