Fleeing persecution and seeking safety in the United States is one of the most difficult journeys a person can face — and the U.S. asylum process is complex, deadline-driven, and unforgiving of mistakes. A single missed filing date or an incomplete application can mean the difference between protection and deportation.
At Manuel Diaz Law Firm, our asylum attorneys guide individuals and families throughout Texas through every stage of the asylum process, from the initial application to representation in immigration court.
Who Qualifies for Asylum in the United States?
To qualify for asylum, you must demonstrate that you have suffered persecution, or have a well-founded fear of future persecution, in your home country based on at least one of five protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
You must also generally file your asylum application within 1 year of your arrival in the United States, unless you qualify for an exception based on changed circumstances or extraordinary circumstances that prevented timely filing.
Types of Asylum: Affirmative vs. Defensive
Affirmative Asylum
Affirmative asylum applies to individuals who are not currently in removal (deportation) proceedings. You file Form I-589 directly with U.S. Citizenship and Immigration Services (USCIS), and an asylum officer conducts a non-adversarial interview to evaluate your claim.
Defensive Asylum
Defensive asylum applies when you are already in removal proceedings before an immigration judge — often because you were apprehended at the border, overstayed a visa, or were referred to court after an affirmative asylum interview. In defensive asylum, you present your case as a defense against deportation before an immigration judge, and the government is represented by an attorney arguing for your removal.
The Asylum Application Process
Step 1 — File Form I-589
The Application for Asylum and for Withholding of Removal must be filed within one year of your arrival, along with detailed documentation supporting your claim.
Step 2 — Biometrics Appointment
USCIS will schedule a biometrics appointment to collect your fingerprints and photograph for background and security checks.
Step 3 — Interview or Hearing
Affirmative applicants attend an interview with a USCIS asylum officer. Defensive applicants present their case in a formal hearing before an immigration judge, with the opportunity to present evidence, testimony, and witnesses.
Step 4 — Decision
An asylum officer or judge will determine whether you meet the legal definition of a refugee and grant or deny your application. Denials in immigration court can often be appealed.
Evidence That Strengthens an Asylum Claim
- A detailed, consistent personal declaration describing the persecution you experienced or fear
- Country condition reports documenting human rights conditions in your home country
- Police reports, medical records, or documentation of injuries related to the persecution
- Witness statements or affidavits corroborating your account
- News articles, photographs, or other evidence supporting your claim
- Expert testimony, when applicable, regarding conditions in your home country
Benefits of Being Granted Asylum
- Protection from deportation to your home country
- Authorization to work legally in the United States
- Eligibility to apply for a Green Card one year after asylum is granted
- Ability to petition for certain qualifying family members to join you
- Eligibility for certain public benefits
Frequently Asked Questions About Asylum in the United States
What is credible fear, and how does it relate to asylum?
Credible fear is the initial screening standard used for individuals who express a fear of return at the border or in expedited removal proceedings. If an asylum officer finds credible fear, the individual is generally referred to immigration court to pursue a full asylum claim through the defensive process.
Can I apply for asylum if I entered the United States illegally?
Yes. Under U.S. law, you may apply for asylum regardless of how you entered the country, as long as you meet the eligibility requirements and file within the applicable deadlines.
What happens if my asylum application is denied?
If your affirmative application is denied and you do not have lawful immigration status, your case is typically referred to immigration court, where you may renew your claim defensively. If a judge denies your case, you generally have the right to appeal to the Board of Immigration Appeals.
Can my family be included in my asylum application?
Yes. Your spouse and unmarried children under 21 who are in the United States may generally be included as derivatives on your asylum application, or may be able to join you later through a following-to-join petition once asylum is granted.
How long does the asylum process take in Texas?
Processing times vary significantly depending on the immigration court or USCIS asylum office handling your case, and can range from several months to several years, particularly for defensive asylum cases due to immigration court backlogs.
Contact an Asylum Attorney in Texas Today
At Manuel Diaz Law Firm, our asylum attorneys understand what is at stake for you and your family. We provide compassionate, thorough representation at every stage of the asylum process — from your initial application to your day in immigration court.
We offer a free initial consultation and serve clients throughout Dallas County, Tarrant County, Denton County, and all of North Texas. We are fully bilingual — hablamos espanol. Call (855) 900-3429 or contact us at diazlf.com.
Manuel Diaz Law Firm | 8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247 | Serving Dallas County, Tarrant County, Denton County, and all of North Texas
