Asylum: protection under U.S. law
If returning home means danger, U.S. law may protect you — but the clock and the details decide these cases.
Asylum protects people who have suffered persecution — or hold a well-founded fear of it — on account of race, religion, nationality, political opinion, or membership in a particular social group. It leads to work authorization, a green card a year after approval, and safety for a spouse and children included in the case.
It is also one of the most demanding cases in immigration law. The one-year filing deadline bars late applications unless a recognized exception applies. Credibility is everything: your declaration, corroborating documents, and country-conditions evidence must hold together under a trained adjudicator's questions. Weak or exaggerated claims don't just lose — they can permanently damage your record.
We prepare asylum cases the way they deserve: a truthful, detailed declaration built over multiple sessions, and evidence assembled with intention. Serving DFW in English and Spanish.
Affirmative vs. defensive asylum
- Affirmative: filed with USCIS when you're not in removal proceedings; decided at an asylum-office interview.
- Defensive: raised before an immigration judge as a defense to removal — DFW-area cases are heard at the Dallas immigration court.
- Same Form I-589, very different battlefield. We prepare clients for both, including cases referred from the asylum office to court.
- A spouse and unmarried children under 21 who are in the U.S. can be included as derivatives.
The one-year deadline — and its exceptions
- The default rule: file within one year of your last arrival in the United States.
- Changed circumstances (conditions in your country worsened; your personal situation materially changed) and extraordinary circumstances (serious illness, disability, ineffective prior counsel) can excuse late filing.
- Past the year? Don't self-disqualify — the exception analysis is fact-specific and worth a professional look.
- Still inside the year? File properly and file soon. Proving your entry date and building your record takes time you don't want to lose.
Work permits and life while the case is pending
- Applicants may apply for an employment authorization document after the statutory waiting period following a properly filed asylum application — we calendar your dates and file when you qualify.
- Asylum cases commonly run for years. We handle renewals, address changes, hearing preparation, and evidence updates throughout.
- After a grant: apply for the green card one year later; approved asylees can also petition to bring a spouse and children from abroad.
Let's talk about your case
The initial consultation is free, by phone, and lasts 30 minutes.
Frequently asked questions
What do I have to prove to win asylum?
Persecution — or a well-founded fear of it — on account of one of five protected grounds, by your government or forces it cannot or will not control. Cases are won on credibility and corroboration: a precise, consistent declaration supported by documents, witness statements, and country-conditions evidence. That record is what we build together.
I missed the one-year deadline. Is my case dead?
Not necessarily. Changed circumstances (a coup, new threats against your family, a change in your own status) or extraordinary circumstances (serious illness, bad prior legal advice) can excuse late filing when raised and documented properly. Bring your timeline to the free consultation and we'll assess it honestly.
When can I get a work permit?
Not immediately — the law imposes a waiting period after the asylum application is filed before you may apply for employment authorization. We track your eligibility date under the current rules and file the EAD application as soon as you qualify.
What happens at a credible fear interview?
If you're subject to expedited removal and express fear of return, an asylum officer screens whether your fear is credible. Passing moves you toward a full hearing. It is a critical, high-speed stage — if a family member is detained and facing one, contact us immediately.
What if the asylum office doesn't grant my case?
Affirmative cases that aren't granted are typically referred to immigration court, where the claim is heard fresh by a judge — a second, fuller opportunity with the right preparation. A judge's denial can be appealed to the Board of Immigration Appeals. Each stage demands a stronger record, which is why we build the file for court from day one.
Contact us
We're here to help. Write or call us to request your consultation.