PHAM & CLOVES, PLLC

What Is An Asylum Application?

In general, asylum is a type of relief that is granted to qualified applicants who are unable or unwilling to return to their country of nationality because of past persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. If asylum is granted, the applicants and their family members are permitted to remain in the U.S.  If the applicant’s family members are still in the home country, the applicant may also petition to bring their eligible family members to the United States once asylum is approved.  After one year from the date of approval, the applicant may file an I-485 to adjust his or her status to become a green card holder.  Ultimately, the asylee may file an application to be naturalized once the requirements are met (just like any other green card holder). 

The Houston Texas Asylum Application Lawyers and the U.S. Asylum Application Attorneys at Veritas Legal Group (Houston Immigration Law Firm) are experienced immigration attorneys who have assisted clients to successfully file asylum applications and obtain their green cards.  Our Houston Texas Deportation Defense Attorneys and our U.S. Immigration Removal Defense Lawyers have assisted clients across the U.S. in filing asylum applications with the immigration courts and to appeal the immigration judges’ decisions with the Board of Immigration Appeals (BIA).  Should you have any questions regarding filing an asylum application, please contact our Houston Texas Immigration Lawyers and our U.S. Immigration Attorneys at 832-484-9015 or through our online contact form.

How Do I File For Asylum Application, Withholding of Removal, & Convention Against Torture (CAT)?

To obtain relief from asylum, the applicant must file the application within 1 year from the date of last arrival in the United States. If an applicant seeks asylum relief after one year from the date of arrival, an applicant must demonstrate either changed circumstances that materially affect the applicant’s eligibility, such as a political crisis in the home country, or extraordinary circumstances that delayed filing an application. Foreign nationals who are not in removal proceedings can apply for asylum with USCIS, commonly known as an “affirmative” asylum application.  Those that are in removal proceedings, either because of an initial rejection from USCIS, entry without inspection, or other immigration violations, can apply for asylum with the Executive Office of Immigration Review (EOIR), the immigration judge.  This is known as the “defensive” asylum application.  If such application is denied, the applicant may file an appeal with the Board of Immigration Appeals (BIA).

Appealing Asylum Denials

The Board may (1) approves the asylum application, (2) approves certain provision of the appeal and remand the application to the immigration judge to determine certain specific issues or abuse of discretion, or (3)  deny the appeal and affirm the immigration court’s decision.  If the BIA affirmed the Immigration Judge’s decision and reject the application and appeal, the applicant may appeal with the Federal Courts, the U.S. Court of Appeals, and ultimately, with the U.S. Supreme Court.  You have very short amount of time from the date of denial to appeal either to the BIA or to the U.S. Federal Courts.  Therefore, you must contact the U.S. Asylum Appeal Attorneys and the Houston Texas Asylum Appeal Lawyers at Veritas Legal Group as soon as possible. 

Appellants need to know that the decision of the BIA is considered to be final and the applicant may be detained by ICE at any given time to be removed from the U.S.  If the asylum appellant (persons to appeal the immigration court’s and the BIA’s decision) is being detained, you need to call the Houston Texas Immigration Deportation Defense Attorney or the Houston Texas Removal Defense Lawyer at Veritas Legal Group.  Our Houston Deportation Law Firm and our U.S. Asylum Lawyers will need to file a motion to the U.S. Court of Appeals to temporary restraining ICE from removing the applicant while the appeal is pending in the court. 

Contact the U.S. Asylum Application Lawyers and the Houston Texas Deportation Defense Attorneys at  Veritas Legal Group.  Our Houston Immigration Law Firm may be reached at 832-484-9015 or through out online contact form.  Our experienced U.S. Immigration Attorneys will work with you directly and assist you in your asylum application.