PHAM & CLOVES, PLLC

U.S. Asylum Applications and Withholding of Removal

Over the past few years, foreign nationals find it more difficult to successfully obtain asylum application approvals.  Partially, this is because of the number of fraudulent or frivolous applications that were filed by unqualified applicants and by unscrupulous lawyers.  As in many other immigration applications, this is unfortunate and it hurts all applicants, including those with genuine need for the protection of U.S. asylum law.  Nevertheless, do not be discouraged if you truly feel that you are qualified or that you and your family have a genuine fear of persecution if you were to return to your home country. 

U.S. asylum law is vast and generous, even if you entered the country unlawfully and or by means of fraudulent documents.  Often times, asylee have to use fraudulent documents and passports to escape from the country in which they were persecuted.  For the same reasons, many times the applicants cannot obtain a passport from their home country and cannot obtain a valid visa.  As such, asylum applicants may still be able to file fraud waiver applications in conjunction with their asylum applications.

Applicants who are in the U.S. or at the port of entry may file asylum applications with the USCIS.  This is often referred as “Affirmative Asylum Application.”  At the port of entry, applicants would request applications for asylum.  Applicants would then be interviewed by Asylum Officers at the Port of Entry.  If the foreign nationals present sufficient evidence to show that they may have been persecuted or have credible fear of future persecution, the person will be “paroled” into the U.S. to prepare and file the affirmative asylum application with the USCIS.  If the applications were denied by the USCIS, applicants will be issued “Notice to Appear” (NTA) in immigration court for removal proceedings.  At this time, applicants have another opportunity to file the asylum application with the Executive Office of Immigration Review (EOIR), which would be the Immigration Judge at the removal hearing.  This is often called a Defensive Asylum Application, because the application is being used as a defense to removal from the U.S.  If the immigration court deny the asylum application, the applicant need to timely file an appeal with the U.S. Board of Immigration Appeals (BIA).

The Houston Texas Asylum Lawyers and the U.S. Asylum Attorneys at Veritas Legal Group, P.C. care about our client’s immigration cases and will work had to assist you to achieve your immigration goals. Personally, I especially care about our asylum application clients.  You see, I myself was a refugee and had benefitted from U.S. asylum law. My family and I escaped from Vietnam in 1983 and came to the U.S. in 1984 under refugee status (an application for asylum is exactly the same as a refugee application). I personally experienced the benefits of U.S.’ generous asylum law and would like to assist you in overcoming your immigration difficulties. Please contact our Texas Asylum Attorneys and our U.S. Asylum Lawyers for assistance immediately.  Our Houston Asylum Attorneys can be reached at 713-492-0337.