Asylum Laws in Texas
Houston Immigration Attorney
The United States is considered a place of safety for refugees seeking
protection from persecution in their country of origin. Article 14 of
the Universal Declaration of Human Rights discusses the right of all people
to seek refuge from persecution in other countries. The United States
offers safety for individuals coming from other countries where they have
suffered persecution or are in reasonable fear of persecution based on
Protected characteristics include:
- Membership in a particular group
- Political beliefs
If you are eligible for asylum from United States Citizenship and Immigration
Services (USCIS), then you can find refuge in the country. Asylum is obtained
by applying and filing Form I-589, which is the Application for Asylum
and for Withholding of Removal. This form will need to be filed within
one year of arriving in the United States. When you apply, you can include
your spouse and unmarried children under the age of 21 who are also in the U.S.
Applying for Asylum
Obtaining asylum requires you to fulfill various requirements and ensure
that your application is accurately completed. You must be able to establish
past persecution, in which case the burden of proof is on the government
to demonstrate that those circumstances are no longer present. If the
applicant has lawful immigration status, he or she can submit an application
for asylum to USCIS. If the application is denied, the case will be referred
to an immigration judge.
Withholding of Removal
In order to qualify for withholding of removal, the person will need to
demonstrate that it is more than likely that he or she will suffer persecution
if forced to return to his or her country or origin. Obtaining withholding
of removal is much more difficult because of higher standards of eligibility.
It is also different in that it does not necessarily lead to permanent
residency in the country.
Contact our immigration lawyers in Houston today for the legal guidance you need for asylum or withholding of removal!