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Asilo

Apply for Asylum in San Antonio, TX

DeLaTorre Law has worked with asylum seekers over the past two decades and has a reputation for helping these individuals navigate the legal process.

We are here to listen to your concerns and answer any questions.

Under U.S. law, any person who establishes that they have a genuine fear of returning to their country may apply for asylum.

Requirements

Experiencing genuine fear due to having suffered:

  • Bodily harm
  • Threats
  • Detention
  • Past persecution

Persecutor is:

  • The Government itself
  • Actor or private entity that the government is not interested in or is unable to control.

Persecution is based on the following:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • group or community.
  • Social group

Relocation

  • It is not safe or reasonable to relocate within the state or country.

Advantages

  • The person who wins the case has the right to remain and work legally in the United States.
  • One year after being granted asylum, you may apply to become a permanent resident.

Disadvantages

  • The asylum application must be filed within one (1) year of entry into the United States. This deadline may be extended due to extraordinary circumstances.
  • A person who wins a case and travels to their home country may be denied re-entry to the United States.

There Are Two Ways to Apply For Asylum. These are:

Affirmative Asylum Processing with USCIS

Anyone not in court can file an asylum application with the immigration agency. To do this, the person must be physically present in the United States.

The first step is to file the asylum application with the agency and provide evidence showing that you have been persecuted or are at risk of persecution if returned to your home country. You will then be scheduled for an interview before an asylum officer.

If the person wins the asylum case, they have the right to remain and work legally in the United States. One year after winning their asylum case, they will be able to apply for permanent residence. However, if the asylum officer denies the asylum case, the person will be referred to an immigration judge, thus initiating removal/deportation proceedings. The final decisions of asylum officers are not appealable. The person will have a second opportunity to present their asylum case before the Judge.

Defensive Proceedings in Immigration Court

Defensive asylum occurs when an individual, facing removal proceedings before an immigration court, applies for asylum as a defense. An immigration judge will independently review the asylum application. To be granted asylum, the applicant must present evidence demonstrating past persecution or a well-founded fear of future persecution if returned to their home country.

A person who wins an asylum case can remain and work legally in the United States. They may apply for permanent residence one year after winning their asylum case.

If the judge denies asylum, he or she will issue an order of removal. Before deportation, the individual can appeal the judge’s negative decision to the Board of Immigration Appeals (BIA).

DeLaTorre Law is here to help you.

The U.S. immigration system is complex and presents significant challenges for asylum seekers. If you are considering applying for asylum, it is crucial to contact an experienced immigration attorney to guide you through the process. The outcome could be the difference between staying in the United States or being deported.

DeLaTorre Law is committed to fair results for each client.

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