Asylum Lawyers in El Paso

Both offer protection from persecution, but they differ in where the application is made. Refugees apply for protection from outside the United States, typically through a U.S. embassy or resettlement program. Asylum seekers apply from within the United States or at a port of entry. The legal protections, once granted, are similar, but the processes and eligibility requirements differ in important ways.

This is the legal standard for asylum eligibility. You do not need to have already been harmed; a credible, specific threat is sufficient. However, establishing this fear with evidence and a compelling, consistent account is critical.

Yes. Your spouse and unmarried children under 21 who are present in the United States may be included as derivatives on your asylum application. They do not need to independently qualify for asylum. They can receive protection based on your case. Children and spouses outside the U.S. can be petitioned for after you are granted asylum.

Missing the one-year deadline is serious but may not be the end of the road. Exceptions exist for changed circumstances, such as a significant deterioration of conditions in your home country, or extraordinary circumstances like serious illness or a legal disability. These exceptions are narrow and must be specifically argued. Contact us immediately so we can evaluate whether any exception applies to your situation.

Not necessarily. Individuals who entered legally and filed an affirmative asylum claim are generally not detained. However, those who entered without authorization or who are placed in removal proceedings may be held in immigration detention. A bond hearing may be available to seek release, and our attorneys can represent you in such bond hearings to help secure your freedom while your case proceeds.

This is one of the most common concerns among asylum seekers, and the answer matters. Entering the United States without inspection does not automatically disqualify you from asylum. However, individuals who entered without authorization may be placed in detention while their case is reviewed, and they will likely go through the defensive asylum process in immigration court rather than the affirmative process.

A denial in an affirmative case is referred to immigration court, where you have the opportunity to present your case before a judge. A denial by an immigration judge can be appealed to the Board of Immigration Appeals (BIA). If the BIA denies the appeal, further review by a federal circuit court may be possible. Our attorneys are experienced in appeals and will advise you on the strength of your case at each level.

Certain criminal convictions can bar you from asylum, including convictions for particularly serious crimes. However, not every offense results in a bar, and the analysis is highly fact-specific. It is important to be completely transparent with your attorney about your history so we can properly assess your eligibility and prepare accordingly.

Processing times vary widely. Affirmative asylum interviews through USCIS are currently scheduled over a range of months to years, depending on the office and caseload. Defensive asylum cases in immigration court can take several years to resolve due to court backlogs. While your case is pending, you may be eligible to apply for work authorization after 150 days.

Yes. After being granted asylum, you must wait one year before applying for lawful permanent residency (a green card) through adjustment of status. After holding a green card for the required period, you may then apply for U.S. citizenship. Asylum is frequently the first step in a longer journey toward a permanent, stable life in the United States.