Austin Asylum Lawyers
Compassionate Legal Care You Can Count On in Austin & San Antonio
If you are fleeing persecution, violence, or danger in your home country, seeking asylum in the United States can offer a path to safety and a new beginning. At Peek Law Group, we understand the urgency and complexity of the asylum process, and we are committed to helping individuals and families secure protection under U.S. immigration law. With two convenient locations in Austin, we proudly serve clients throughout Travis, Hays, and Williamson counties, providing skilled legal guidance every step of the way.
Since 1996, our Top Texas Board-Certified Attorneys have successfully represented thousands of clients in high-stakes immigration matters. With nearly 500 five-star client reviews and a strong track record of success, we are known for our experience, precision, and compassionate advocacy. Whether you are applying for asylum affirmatively or defending against deportation in immigration court, our firm is prepared to fight for your rights and future.
Your safety and future should not be left to chance. Let our dedicated Austin asylum attorneys help you seek the protection you deserve. Call (512)-474-4445 or complete our form today to schedule a confidential consultation. We offer in-person, phone, and online appointments to accommodate your needs.
For more information, feel free to call our office at (512)-474-4445. We conduct consultations in person, via phone, and even via Skype.
How to Apply for Asylum in the United States
Applying for asylum in the United States is a complex and time-sensitive process, requiring strong evidence and careful preparation. Asylum is granted to individuals who have experienced or feared future persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
Step 1: Determine Your Eligibility
Before applying, you must meet the following basic requirements:
- Be physically present in the United States.
- Apply within one year of your arrival unless you qualify for an exception.
- Prove you have suffered past persecution or have a well-founded fear of future persecution.
- Show that your government cannot or will not protect you from harm.
- Not have engaged in persecution of others, committed serious crimes, or be subject to bars of inadmissibility.
If unsure whether you qualify, consult an experienced asylum attorney to evaluate your case.
Step 2: Gather Supporting Evidence
To strengthen your asylum claim, you must provide credible evidence of the persecution you have faced or fear.
This may include:
- Personal declaration describing what happened to you and why you fear returning.
- Witness statements from family, friends, or colleagues who can verify your claims.
- Medical reports documenting any injuries related to past persecution.
- Police reports or legal documents showing threats, arrests, or harm.
- News articles, human rights reports, or country condition evidence demonstrate your home country’s dangers.
- Membership records or documents proving your political, religious, or social affiliations.
If you lack documentation due to your persecution, your testimony becomes critical. An attorney can help you present a compelling case based on available evidence.
Step 3: File Form I-589 (Application for Asylum and Withholding of Removal)
To formally apply, you must submit Form I-589 to U.S. Citizenship and Immigration Services (USCIS) if you are not in removal proceedings. There is no filing fee for this application.
- If you are not in immigration court, you will file with USCIS under the affirmative asylum process.
- If you are in removal (deportation) proceedings, you will file under the defensive asylum process before an immigration judge.
Form I-589 must be filed within one year of your last arrival in the U.S., or you must demonstrate extraordinary or changed circumstances that justify filing late.
Step 4: Attend Your Biometrics Appointment
After filing your application, you will receive a biometrics appointment notice.
You must visit an Application Support Center (ASC) to provide:
- Fingerprints.
- Photographs.
- Signature.
Biometrics are used for background checks to confirm your identity and criminal or immigration history.
Step 5: Participate in the Asylum Interview (Affirmative Cases Only)
If you applied affirmatively through USCIS, you will be scheduled for an asylum interview at the office handling your case. In Texas, the local asylum office is in Houston.
During the interview:
- A trained USCIS officer will review your application and ask about your background, past experiences, and fears of persecution.
- You may bring an attorney and an interpreter if needed.
- The officer will assess the credibility and consistency of your responses.
After the interview, you will receive a written decision, typically within two weeks—although delays are common.
Step 6: Appear in Immigration Court (Defensive Cases Only)
If you are in removal proceedings, your asylum case will be heard in immigration court before a judge.
The process includes:
- Master Calendar Hearings, where the judge reviews basic case information.
- A Merits Hearing, where you present your asylum claim, evidence, and witness testimony.
- Cross-examination by a government attorney who may challenge your claim.
The judge will either approve or deny your asylum application. If denied, you may have the right to appeal.
If your asylum case is denied:
- You may have appeal options, such as filing a Motion to Reopen, a Motion to Reconsider, or appealing to the Board of Immigration Appeals(BIA).
- If you are in removal proceedings, you could apply for other relief, such as withholding of removal or protection under the Convention Against Torture(CAT).
Applying for asylum is a high-stakes process with no guarantees. Even eligible applicants may face denials due to weak evidence, inconsistencies, or legal barriers.
Our experienced Austin immigration attorneys can:
- Ensure your application is correctly prepared and supported with strong evidence.
- Prepare you for your asylum interview or immigration court hearing.
- Challenge unfair decisions and represent you in appeals if needed.
At Peek Law Group, our asylum attorneys in Austin and San Antonio are committed to helping individuals and families seek protection in the U.S. If you are considering asylum, let us guide you through the process with compassion and expertise. Call (512) 474-4445 or contact us online today to schedule a consultation and take the next step in your asylum journey.
Important Asylum Tips
There are a few important things you should keep in mind if you’re planning to apply for asylum. First, asylum applications must be filed within one year of entering the United States. If you wait too long, you may put yourself at risk of deportation. Second, you cannot apply for asylum more than once. You may appeal the initial denial, but once the decision is finalized, it’s done for good. Finally, you are barred from asylum if you have participated in the persecution of others or been convicted of a serious crime.
Consult with a trusted immigration lawyer to determine whether you qualify for asylum status in the U.S.
At Peek Law Group, We Also Representing The Following Practice Areas:
Contact Our Skilled Asylum Immigration Attorneys in Austin, Texas
If you or a loved one is seeking asylum in the United States, having a knowledgeable and experienced immigration attorney can make all the difference. At Peek Law Group, we are dedicated to helping individuals and families secure protection from persecution and navigate the complexities of the U.S. asylum process. Whether you are applying affirmatively through USCIS or defending your case in immigration court, our attorneys provide strategic legal guidance tailored to your unique circumstances.
With a strong track record of success, our firm is committed to advocating for your safety, ensuring compliance with all legal requirements, and helping you take the next steps after asylum is granted. Let us provide the support you need to navigate this critical process confidently.
Call (512) 474-4445 today or complete our online form to schedule a consultation with our Austin asylum attorneys and take the first step toward securing your future in the U.S.
At Peek Law Group, our Austin & San Antonio asylum attorneys will make sure that you meet all the deadlines and time limits as well as the criteria for approval. Reach Out for Personalized Asylum Assistance today to get started on your application.
Commonly Asked Questions
What are the eligibility requirements for applying for asylum in the United States?
To be eligible for asylum in the United States, you must demonstrate that you have experienced past persecution or have a well-founded fear of future persecution due to factors such as race, religion, nationality, membership in a particular social group, or political opinion. Additionally, your application must be filed within one year of your arrival in the U.S. If you have been involved in the persecution of others or have a serious criminal conviction, you may be barred from receiving asylum.
How can I prepare for my asylum interview?
Practice answering questions honestly and completely, but also stay calm and focused. An attorney can help you prepare by conducting mock interviews and ensuring you understand how to articulate your case effectively. Arrive with all required documents and dressed appropriately for a professional setting.
Can I work while my asylum application is being processed?
You may apply for employment authorization if your asylum application has been pending for at least 150 days and no decision has been made yet. Once you’re granted this work permit, you can legally seek employment in the U.S. Keep in mind that properly submitting and monitoring your application timeline is critical. An attorney can ensure your paperwork is filed correctly and on time so that you avoid complications in obtaining work authorization.
What type of evidence should I provide to support my asylum application?
Strong evidence is critical to a successful asylum application. Relevant documents include police reports, medical records, sworn affidavits, or news articles demonstrating persecution in your home country. If you lack documentation due to the circumstances of your persecution, your testimony becomes particularly important. Supporting statements from witnesses or experts can also strengthen your case.
What happens after asylum is granted?
Receiving asylum in the United States is a significant victory, protecting you from persecution and allowing you to rebuild your life. However, there are still critical legal steps and benefits you should be aware of to secure your long-term future. Here’s what to expect after asylum is granted.
You Gain Legal Status and Work Authorization
Once granted asylum, you can:
- Live in the U.S. without fear of deportation.
- Work immediately without needing an additional work permit. Your employment authorization (EAD) is no longer required because asylum status automatically grants you the right to work.
If you already have a pending work permit application, USCIS will automatically cancel it since it is no longer necessary.
You Can Apply for a Social Security Card
With asylum status, you are eligible to apply for a Social Security number (SSN), which is essential for:
- Employment.
- Opening bank accounts.
- Obtaining identification documents.
- Accessing government benefits.
To apply, visit your local Social Security Administration office with your asylum approval notice and identification.
You May Be Eligible for Government Assistance
Asylum seekers may qualify for certain federal and state benefits, depending on where they live.
These can include:
You Can Apply for a Green Card After One Year
One year after receiving asylum, you can apply for lawful permanent residency (a green card) by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
To qualify for a green card, you must:
- Have physically lived in the U.S. for at least one year after being granted asylum.
- Continue to meet the refugee definition and not have firmly resettled in another country.
- Have not traveled back to your home country or engaged in activities that could jeopardize your asylum status.
- File Form I-485 and provide necessary supporting documents, including proof of one year of residency.
Applying for a green card is critical in securing your future in the U.S., and an experienced immigration attorney can ensure the process goes smoothly.
You Can Petition for Family Members to Join You
Once asylum is granted, you can bring your spouse and unmarried children under 21 to the U.S. by filing Form I-730 (Refugee/Asylee Relative Petition).
- You must file this petition within two years of being granted asylum.
- Family members do not have to meet the same one-year waiting period as you to apply for a green card.
If you did not include eligible family members in your original application, this process allows you to safely reunite with them.
You Can Apply for U.S. Citizenship After Five Years
After receiving a green card, you can apply for U.S. citizenship through naturalization once you meet the following requirements:
- Have held permanent resident status (a green card) for at least five years.
- Have maintained continuous residence in the U.S..
- Be able to pass the civics and English language tests.
- Demonstrate good moral character, including no criminal history or immigration violations.
Becoming a U.S. citizen provides full legal protections, voting rights, and the ability to sponsor additional family members for immigration benefits.
Why do I need an attorney for asylum in Austin, Texas?
While you’re not required to hire an attorney to apply for asylum, it is highly advised that you do. So much is at stake and you only get one chance. Get a good legal team at your side that can assist you in gathering evidence, processing important documents, and building a strong case.
Why work with an immigration attorney after being granted asylum?
While asylum approval is a significant step forward, the legal process doesn’t stop there. An immigration attorney can:
- Help you apply for a green card and ensure no mistakes delay your case.
- Assist in bringing family members to the U.S.
- Advise you on travel and maintaining your status.
- Guide you through the naturalization process when eligible.
At Peek Law Group, we are committed to helping asylees confidently navigate the next steps of their immigration journey.
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