Asylum Lawyer in Laredo, TX
Individuals migrate to the United States for various reasons, including the genuine fear of persecution in their home country. Fortunately, U.S. immigration law is compassionate towards those facing such dire circumstances and provides the opportunity for refugee status. Our Laredo asylum lawyers have extensive experience with this process and can assist immigrants and their families in obtaining the necessary aid.
From our Laredo office, Cardenas & Rodriguez fights to protect immigrants in Webb County, La Salle County, and all of Texas.
Need Asylum Assistance? Contact us today at (956) 450-7951 for a free consultation and let us help you secure your future.
Understanding Asylum Eligibility and Process in Laredo
To seek asylum, an applicant must use Form I-589 and demonstrate a fear of persecution based on factors such as race, ethnicity, religion, social membership, or political opinions.
However, simply providing their reason is insufficient to guarantee acceptance, as the high denial rate for asylum claims will attest. Applicants must be prepared to provide concrete evidence to establish the validity of their fear and the reason for persecution.
Our Laredo asylum attorneys can prove invaluable in this regard, conducting meticulous, detail-oriented work to gather supporting documentation and identify witnesses who can offer testimony in support of the applicant. We help prepare witnesses for their interview, and also assist the applicant during their own in-person interview, protecting their rights and ensuring that their case is presented in the best possible manner. Our bilingual staff works with both English and Spanish-speaking families.
Common Pitfalls in Asylum Application Denials
The most direct reason for denial would be a belief by immigration authorities that the applicant did not prove their case, as outlined above. Some asylum claims are denied due to administrative issues. Failure to complete the application correctly is another reason for denial, but our Laredo asylum lawyers can help applicants avoid such avoidable mistakes and focus on documenting the validity of their fear of persecution.
Types of Asylum in the U.S.
When seeking protection in the United States, it’s important to understand the different types of asylum applications and related immigration protections.
Affirmative vs. Defensive Asylum Applications
- Affirmative Asylum – This is for individuals who are already in the U.S. and are not in removal proceedings. They must file Form I-589 with U.S. Citizenship and Immigration Services (USCIS) within one year of arrival.
- Defensive Asylum – This applies to individuals facing deportation. They must present their case in immigration court as a defense against removal.
Differences Between Asylum, Refugee Status, and Withholding of Removal
- Asylum is for individuals already in the U.S. who fear persecution in their home country.
- Refugee Status is granted to individuals outside the U.S. who are seeking protection before entering the country.
- Withholding of Removal is for individuals who do not qualify for asylum but can prove they would face persecution if deported. Unlike asylum, it does not lead to a green card.
Temporary Protected Status (TPS) vs. Asylum
- TPS is a temporary designation for people from specific countries experiencing conflict or disaster.
- Asylum provides a path to permanent residency and is based on individual circumstances of persecution.
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Steps in the Asylum Application Process
Applying for asylum involves several steps, and understanding the process can help applicants prepare:
- Filing Form I-589 – This must be submitted within one year of arrival in the U.S.
- Receiving a Biometrics Appointment – Applicants must provide fingerprints for background checks.
- Asylum Interview with USCIS – For affirmative cases, applicants present their claim to an asylum officer.
- Immigration Court Hearings – Defensive asylum applicants must defend their case in front of an immigration judge.
Qualifying for Asylum: Grounds for Persecution
To qualify for asylum, applicants must prove they fear persecution based on one or more protected categories:
- Religious Persecution – Individuals targeted for their religious beliefs or practices.
- Political Asylum – People persecuted for opposing the government or holding political beliefs.
- Gender-Based Asylum – Victims of domestic violence, forced marriage, or female genital mutilation (FGM).
- LGBTQ+ Asylum – Protection for individuals facing discrimination, violence, or imprisonment due to their sexual orientation or gender identity.
Frequently Asked Questions (FAQ) About Asylum in the U.S.
How long does the asylum process take?
- The timeline varies, but affirmative asylum cases may take several months to years, depending on case backlog. Defensive asylum cases can take even longer due to court scheduling and appeals.
Can I apply for asylum if I entered the U.S. illegally?
- Yes. You can still apply for asylum even if you entered without a visa or valid documents, as long as you apply within one year of arrival.
What happens if my asylum application is denied?
- If USCIS denies an affirmative asylum application, the case may be referred to immigration court for a defensive asylum hearing. If an immigration judge denies the case, applicants may appeal to the Board of Immigration Appeals (BIA) or federal courts.
Can I work while my asylum case is pending?
- Yes, but only if you have been waiting at least 150 days after filing your asylum application and receive an Employment Authorization Document (EAD).
Can my family members be included in my asylum application?
- Yes. A spouse and children under 21 who are in the U.S. can be included in the application. If granted asylum, you may petition for family members still abroad.
Is there an interview for asylum applicants?
- Yes. Affirmative asylum applicants must attend an interview with a USCIS asylum officer. Defensive asylum applicants present their case before an immigration judge.
What kind of evidence do I need for my asylum case?
- Evidence can include personal statements, medical reports, police records, news articles, country condition reports, and testimonies from witnesses or knowledgeable professionals.
Advocating for Your Right to Safety in Laredo
The prospect of living in fear of persecution is not one that any human being should have to go through. Cardenas & Rodriguez got into legal practice back in 2010 with the expressed goal of fighting for people who needed a voice, and who needed representation. We give them that voice through our understanding of the law and procedure, and our ability to develop a passionate and well-thought-out case for our clients.
Unsure About Your Asylum Options? Don’t wait—contact us now at (956) 450-7951 to speak with a dedicated immigration attorney.