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Asylum law in the United States provides protection to individuals who have left their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. In Texas, asylum cases are handled under federal law, but they proceed through local immigration courts and are influenced by state and local conditions. Texas, being a border state, receives many asylum seekers each year who enter through the southern border and request protection from removal (deportation) to their home countries. The process can be complex, with rigorous legal requirements and strict deadlines.
Seeking asylum is a challenging journey filled with legal and procedural hurdles. People may need a lawyer for various reasons, including:
An experienced asylum lawyer can help increase the chances of a successful outcome and provide guidance at every step.
While asylum is governed by federal law, certain local aspects in Texas are relevant for applicants:
Understanding these local factors is key for anyone seeking asylum in Texas.
Asylum is a form of protection granted to individuals who are already in the United States or arrive at the border and can demonstrate they have suffered persecution or have a well-founded fear of persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group.
Anyone physically present in the United States or arriving at a U.S. port of entry can apply for asylum, regardless of immigration status. Applicants must file within one year of arriving in the U.S., with certain exceptions for changed or extraordinary circumstances.
To start the process, you must file Form I-589, Application for Asylum and for Withholding of Removal, with the U.S. Citizenship and Immigration Services (USCIS) or with the immigration court if you are in removal proceedings.
You may apply for an Employment Authorization Document (EAD) 150 days after USCIS receives your asylum application, as long as no decision has been made on your application and you did not cause unreasonable delays.
If your case is denied by USCIS, you may be referred to immigration court for removal proceedings, where you will have another opportunity to present your case before an immigration judge. If denied in court, you can appeal to the Board of Immigration Appeals and potentially to federal courts.
Detention is more common for those who cross the Texas border without permission or at a port of entry without proper documents, but not all asylum seekers are detained. Detention depends on the method of entry, background checks, and other factors.
Yes. Your spouse and unmarried children under 21 can be included in your asylum application if they are in the United States and you list them on your Form I-589.
Processing times vary. They can range from several months to several years, depending on the complexity of the case, the caseload of the immigration court or USCIS office, and whether there are appeals or additional hearings.
Yes. If you are in deportation (removal) proceedings, you can apply for asylum as a form of relief from removal. This involves presenting your case to an immigration judge.
Yes. There are several non-profit organizations and legal aid services in Texas that assist with asylum applications and provide representation in immigration court, often for free or at reduced cost.
If you need guidance or support with your asylum application in Texas, consider reaching out to the following organizations:
If you or a loved one are seeking asylum in Texas, here are some steps to consider:
Remember, applying for asylum is a sensitive and complex process. Professional legal help can significantly improve your understanding, preparedness, and chances of success.
