If you are seeking asylum in the United States to escape persecution in your home country, you may feel like the weight of the world is on your shoulders. Fear, uncertainty, and the urgency to protect yourself or your loved ones can leave you wondering where to turn for help. At Bailey & Galyen, we understand the life-altering challenges you face. Our compassionate and skilled Texas immigration lawyers are here to stand by your side, guiding you through every step of the asylum process with care and determination. With convenient office locations across Texas, we’re ready to provide the trusted legal support and tireless advocacy you need to secure a safer future. Don’t face this journey alone. Let us help you fight for your rights and peace of mind.
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What Is Asylum?
Asylum is a form of protection granted to foreign nationals already in the United States or arriving at the border who meet the international definition of a refugee. The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to their home country and cannot obtain protection in that country due to past persecution or a well-founded fear of being persecuted in the future on account of race, religion, nationality, membership in a particular social group, or political opinion. Asylum status is granted on a case-by-case basis by U.S. Citizenship and Immigration Services (USCIS). You may apply for asylum if:- You are already present in the United States, regardless of your immigration status, or are seeking entry into the U.S. at a port of entry;
- You were persecuted in the past, or have a well-founded fear that you will suffer persecution if you return to your home country;
- The reason for the persecution is related to one of five grounds: race, religion, nationality, membership in a particular social group, or political opinion;
- You are not involved with an organization that has engaged in terrorist activity or persecution of others; and
- You have not committed a serious crime and are not a danger to U.S. security.
Common Asylum Claims
Many different types of persecution can form the basis for a successful asylum claim.
Some common examples include:
- Political opinion: If you faced threats, violence, or imprisonment in your home country for expressing political views opposed to the government or ruling party, you may have a strong asylum case. This could include being a member of an opposition party, advocating for democratic reforms, or participating in protests.
- Religious beliefs: Individuals persecuted for their religion or for not adhering to the dominant religion in their country are often strong candidates for asylum. This may include minority religious groups facing discrimination, harassment, or attack.
- LGBTQ+ status: People who identify as lesbian, gay, bisexual, transgender, or queer and who fear harm in their country because of their sexual orientation or gender identity may qualify for asylum. This persecution could come from the government, local community, or even their own family members who don't accept them.
- Domestic violence: In some cases, people who have suffered severe domestic abuse but who cannot obtain protection from authorities in their home country may be eligible for asylum. They must show that the abuse suffered rises to the level of persecution based on their gender or particular social group.
- Ethnic or indigenous groups: Members of ethnic minorities or indigenous groups that are targeted for mistreatment in their country may have a valid asylum claim. Examples could include religious or racial minorities that face systemic discrimination or violence.
Asylum for Family Members
If you are granted asylum in the United States, your spouse and unmarried children younger than 21 may be eligible for protection through derivative asylum. This enables them to join you in the U.S. and obtain asylee status and benefits. However, timing is key. If your family members are in the U.S., include them in your initial asylum application. If they are outside the U.S., you must act quickly to petition for them to obtain derivative asylum status once the government approves your asylum. The law sets a two-year limit to apply for derivative asylum for family members. If you do not include your family within that two-year window, they may lose the opportunity to obtain asylum through you and face the danger of remaining in your home country. The caring lawyers at Bailey & Galyen can help ensure your asylum application includes your immediate family members so you can protect them as well. In addition, if you have a same-sex partner but cannot marry because of laws or cultural barriers in your home country, we may present evidence of your relationship to include your partner in your grant of asylum. Gaining asylum can grant you safety, not just for you but also for your spouse and children. Our Texas asylum attorneys understand the high stakes involved and are committed to fighting for protection for you and your loved ones.The Asylum Process
There are two primary ways to obtain asylum in the U.S.: the affirmative process and the defensive process.Affirmative Process
In the affirmative asylum process, you proactively apply for asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to USCIS. You must apply within one year of arriving in the United States unless you can show changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing. You will have an interview with an asylum officer who will determine if you qualify. If USCIS does not grant you asylum, your case may go to an immigration judge, and the defensive asylum process will begin.Defensive Process
If you are currently in removal proceedings before an immigration judge, you would apply for asylum defensively by filing your application with the immigration court. The judge will hear your case in an adversarial proceeding. You may also apply for asylum defensively if USCIS previously denied you asylum and your case was referred to an immigration court. If you are granted asylum, you will have the legal right to live and work in the United States. After one year, an asylee may apply for lawful permanent resident status (a Green Card). Four years after obtaining a Green Card, an asylee may apply for U.S. citizenship.Relevant Federal Laws
The Immigration and Nationality Act (INA) is the main body of law governing immigration, including asylum.
Some key provisions related to asylum include:
- INA § 208: Authorizes the granting of asylum and outlines asylum procedures
- INA § 241(b)(3): Provides for withholding of removal of individuals to a country where their life or freedom would be threatened
- INA § 101(a)(42): Defines refugee consistent with the UN definition
- 8 U.S.C. § 1158: Governs asylum, including the one-year filing deadline and bars to asylum
- 8 C.F.R. §§ 208.1-208.31: Regulations implementing asylum provisions of the INA
Working With a Texas Immigration Lawyer at Bailey & Galyen
While U.S. immigration law is federal and applies equally in all states, you want a local Texas immigration lawyer for your asylum case:- In-person meetings: Bailey & Galyen has physical office locations across Texas, making it easy for you to meet your attorney face-to-face. This allows your lawyer to get to know you and fully understand your story.
- Knowledge of local offices and courts: Our attorneys regularly interact with the USCIS asylum offices and immigration courts in Houston, Dallas, and other Texas cities. We know the local procedures, practices, and decision-makers.
- Cultural competency: Texas is a large and diverse state. Our legal team has experience working with clients from a wide range of cultures and backgrounds. We appreciate your unique perspective.
- Geographic convenience: Asylum cases often require multiple meetings and appearances. Working with an attorney located near you in Texas can save significant time and expense.
- Familiarity with support services: We are knowledgeable about social services, non-profits, and other resources available locally in Texas that may provide valuable support for asylum-seekers.
- Ability to visit you in detention: If you are being detained in a Texas immigration detention center, our nearby attorneys can visit you in person to provide support and legal assistance.