Asylum

Removal proceedings create anxiety and uncertainty for people who have or want to make the United States their home. It is especially scary for people who have a real fear of returning to their home country. For those of you with a well-founded fear of persecution, you may have a defense to the removal proceedings.

At The Trevino Law Firm, PLLC, our attorneys handle affirmative and defensive asylum cases. These cases can be time-consuming because you must build a solid case to satisfy the elements of your defense. To learn more about it, contact our immigration lawyers today at 210.2273200, and we will schedule a consultation to discuss your case.

The asylum process allows individuals who have fled their home country because they have been persecuted or fear persecution to seek protection in the United States.

An asylee is a refugee in the United States or at a U.S. port of entry when seeking protection. Section 101(a)(42) of the Immigration and Nationality Act defines a refugee as a person with a well-founded fear of persecution in their home country based on their: 

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

There are two pathways to seeking asylum in the United States:

1. Affirmative asylum, where the applicant is not yet subject to removal proceedings; and 
2. Defensive asylum, where the applicant applies for asylum as a defense to removal proceedings before an immigration court. 

If you are granted asylum via the defensive asylum process, you can apply for a green card (permanent residency) one year after being granted protection. 

Defensive asylum is available in three different situations: 

1. Where you have applied for affirmative asylum and the U.S. Citizenship and Immigration Services (USCIS) did not granted asylum, the USCIS will refer your case to an immigration court for determination. 
2. Where you are in removal proceedings after being arrested by the U.S. Immigration and Customs Enforcement (ICE) for living in the United States without the necessary documentation. 
3. Where you are in removal proceedings after requesting asylum at a port of entry or crossing the border without the necessary legal documents. In these circumstances, you face expedited removal proceedings. Before you can go to an immigration court, you must have a “credible fear interview” with an asylum officer to determine whether you have a credible fear of persecution. If the officer believes you qualify for asylum, they will refer your request to an immigration court. If the officer rejects your asylum application, you will be deported unless you request a decision review. 

Asylum cases are all different, so the process may not be quite the same for each case. There are certain aspects of the process, though, that are the same. Here is an overview of the Defensive Asylum process. 

The first step in the defensive asylum process is a master calendar, or initial, hearing. If you have a lawyer, the judge will list your matter for merits, or final, hearing. 

If you do not have a lawyer, the court provides you with a list of pro bono (free) lawyers and lists your matter for another interim court date. 

If you were apprehended at a port of entry or by ICE while living illegally in the United States, you must file a Form I-589, Application for Asylum and for Withholding of Removal. You do not need to file this form if you have been referred to a court by USCIS following an affirmative asylum application. 

You file a Form I-589 with the court that hears your application. You must file it within one year of your arrival in the United States unless you can show that either (1) circumstances have changed affecting your eligibility for asylum; or (2) extraordinary circumstances caused the delay.

The judge may direct you to file the form sooner. It is important to follow any directions the judge gives you on timeframes to ensure your case progresses. 

Before your final hearing, you can submit supporting evidence to the court and update your Form I-589 if any details have changed. 

Evidence that may support your asylum claim includes:

• Your personal statement
• Medical records
• Expert reports
• Human rights reports
• Evidence of the persecution you suffered in your home country. 

For example, you can provide photos, witness statements, or police reports. 

The judge will give you a deadline to file these documents, typically 15 days before your final hearing. 

After filing your petition, you need to attend an Application Support Center (ASC) for your fingerprints to be taken by the USCIS. 

At the individual, or merits, hearing, the judge hears the evidence and decides your case. Your attorney will question you, allowing you to explain why you fled your country and fear returning. 

The government attorney will also question you. The judge may ask questions throughout the hearing. 

You can call witnesses to support your case, like friends or family who can speak about your experiences or a country expert who can explain the risks of returning to your country. 

The judge may give a decision on the day of your hearing, but it can also be delayed until a later time. 

Asylum is a way for people who have a real fear of persecution to find protection from that persecution in the United States. Asylees come from all over the world, and they make the United States their home––whether temporarily or permanently. But to get that protection, you have to comply with immigration law and, sometimes, persuade a judge. Because it's your life or your loved ones' lives at stake, filing for asylum on your own is not a good option. 

Hiring an asylum lawyer can be the single most important thing you do to protect your life, and here are three reasons why that is true.

1. Paperwork. We are thorough when it comes to preparing and supporting your documents. We are also persuasive in the manner in which we tell your story using the facts and the law.
2. Interview. During your interview, time is limited and you have a lot to say. We help make sure that all the essential facts of your case are clearly outlined. We want the interviewer to have a thorough understanding of your situation and that the fear of persecution you have is real.
3. Efficiency. We know what documents we need. We know the arguments to make. We have the insight that flows from our experience and we employ that insight in each unique case to make sure you have solid evidence and a well-prepared application. 

It is important to speak to an asylum attorney so that you know what to expect and can successfully go through the defensive asylum process to avoid removal. At The Trevino Law Firm, PLLC, our immigration lawyers can discuss your case with you. Contact us to schedule a consultation either by calling us at 210.227.3200 or using the online form.

The number of approved asylum petitions in the United States varies from one U.S. administration to the next. On average, though, there are more than 30,000 approved asylum cases each year, but the annual allowance has reached approximately 90,000 approved asylum petitions. That may seem like a lot, but hundreds of thousands of people seek asylum each year. Many asylum seekers have valid reasons to fear returning home. Only a small percentage, however, will qualify as asylum seekers, as the law narrowly defines the term and requires stringent proof before an application is approved.

If it is your life or a loved one's life at risk to returning to your home country, you want to make sure you are represented by a competent immigration attorney. At The Trevino Law Firm, PLLC, our attorneys effectively handles affirmative asylum applications and will do the same for you. Contact us today at 210.227.3200 to schedule a consultation.

The asylum process in the United States offers protection to individuals who have fled their home country and are unable to return due to a fear of prosecution. 

To qualify for asylum, a person must be a refugee and in the United States when they apply for protection. Section 101(a)(42) of the Immigration and Nationality Act (INA) defines a refugee as someone who is unable to return to their home country due to persecution or a fear of persecution based on their:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Persecution is usually physical, but it can also be emotional or psychological.

There are two pathways to applying for asylum in the United States. 

1. If you're in the United States and not subject to removal (deportation) proceedings, you can proactively apply for affirmative asylum. 
2. If removal proceedings have already been started against you in immigration court, you can apply for defensive asylum. 

You can file for affirmative asylum regardless of your immigration status in the United States—whether you hold another temporary visa like a student visa, your immigration status has lapsed or expired, or you entered the United States illegally.

The asylum process is a pathway to permanent residency. You can apply for a green card one year after being granted asylum. 

To apply for affirmative asylum, you must be present in the United States or at a port of entry. You can remain in the United States while your application is being processed. 

To start an affirmative asylum application, you must complete and file a Form I-589, Application for Asylum and for Withholding of Removal with the U.S. Citizenship and Immigration Services (USCIS). 

This must be done within one year of your arrival in the United States. There are some limited exceptions to this timeframe, such as where your circumstances have changed affecting your eligibility for asylum or extraordinary circumstances caused the delay. 

USCIS should send you confirmation of receipt of your application within 30 days. 

In addition to confirmation that your application has been received, USCIS will also send you a biometrics appointment notice. You must attend an application support center on your allocated day for your fingerprints to be taken. 

After providing your fingerprints, you will receive a notice of your appointment with USCIS at one of its offices. You can bring an attorney or accredited representative, an interpreter, and your spouse and children to the appointment (if they are applying for derivative asylum). 

Under the INA, an asylum interview should be conducted within 45 days of an application being filed.

A USCIS officer then decides whether you have a legitimate asylum claim. Under the INA, an affirmative asylum application should be decided within 180 days of an application being filed, unless exceptional circumstances exist. However, it's not uncommon for decisions to take longer. 

If it is unclear whether your asylum claim is legitimate, USCIS will refer your matter to an immigration court to decide. In this situation, you become a defensive asylum seeker. 

The affirmative asylum process is complex. Here are some common challenges applicants face. 

• Nature of the immigration legal system. Immigration laws are constantly changing, especially following changes in government. Recently, significant and rapid changes were made to the asylum application process in response to the COVID-19 pandemic. 
• Serious penalties for fraud. It is essential you complete your asylum application truthfully. If you make a fraudulent asylum application or lie about an important fact, the court may find you have made a “frivolous” application. This can result in a lifetime ban from applying for any U.S. immigration benefits. 
• Length of process. Despite the timeframes under the INA, the volume of applications and the COVID-19 pandemic have created a large backlog of affirmative asylum applications and lengthy wait times for decisions. 
• Proving date of entry. If you entered the United States without inspection (for example, by illegally crossing the border), it can be difficult to prove your entry date and show you are applying within the one-year time frame. 
• Risk of removal. If an immigration court rejects your asylum claim, and you do not hold any other valid visa, the court can order your removal from the United States. These orders typically prevent you from returning to the United States for several years. It also places you at risk of being returned to the country you fled from. 

An asylum immigration lawyer can assist you with your affirmative asylum application and help you navigate these potential challenges.

Asylum is the protection you deserve if you have faced persecution or have a well-founded fear of facing persecution upon returning to your home country. Our immigration attorneys can help you make sure you put forth your best effort to get this protection. Contact The Trevino Law Firm, PLLC today by filling out the online form or calling us at 210.227.3200 to schedule a consultation.