Finding safety shouldn’t depend on borders — yet for many people fleeing violence, persecution, or political unrest, seeking asylum in the United States can be a matter of survival.
In this comprehensive guide, the Irving immigration lawyers at Orange Law explain everything individuals and families need to know about asylum eligibility, application steps, and recent legal changes.
What Is Asylum?
Asylum is a legal protection granted to people who have fled their home countries and are unable or unwilling to return because of persecution or a well-founded fear of persecution.
Under U.S. immigration law, a person may be granted asylum if the persecution is based on one or more of the following protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Once granted asylum, a person can live and work in the United States legally and may eventually apply for a green card (lawful permanent residence).
Types of Asylum in the United States
There are two primary pathways to seek asylum in the U.S.:
1. Affirmative Asylum
- Filed proactively by someone not in removal proceedings.
- The individual submits Form I-589 (Application for Asylum and for Withholding of Removal) to U.S. Citizenship and Immigration Services (USCIS) within one year of arriving in the U.S.
- If approved, the applicant receives protection; if denied, the case may be referred to an immigration judge.
2. Defensive Asylum
- Applied for when the individual is already in removal (deportation) proceedings.
- The application is presented before an immigration judge in the Executive Office for Immigration Review (EOIR).
Orange Law assists clients with both processes, ensuring that every piece of documentation and testimony supports a strong, credible case.
Who Qualifies for Asylum?
To be eligible for asylum, an applicant must demonstrate:
- A well-founded fear of persecution in their home country.
- Persecution connected to one of the five protected grounds.
- No serious criminal record or participation in persecution of others.
- Physical presence in the United States at the time of filing.
The Irving immigration attorneys at Orange Law build strong cases with supporting evidence such as police reports, medical records, witness statements, and country-condition documentation.Attorneys at Orange Law in Dallas–Irving conduct detailed case evaluations to determine eligibility and prepare persuasive applications supported by evidence such as:
- Country condition reports
- Witness statements
- Medical or psychological evaluations
- Police or government documents
- Expert testimony
The One-Year Filing Deadline
U.S. law requires that asylum applicants file within one year of arriving in the United States.
However, there are exceptions for:
- Changed circumstances (e.g., new threats or political changes)
- Extraordinary circumstances (e.g., illness, trauma, or legal disability)
An experienced Irving immigration lawyer can determine whether an exception applies and ensure the filing meets all procedural requirements.
Step-by-Step: The Asylum Process
Step 1: Consultation and Case Assessment
The process begins with a confidential consultation where an attorney reviews the client’s background, travel history, and reasons for seeking protection.
Step 2: Preparing and Filing Form I-589
The asylum application must be accurate, consistent, and supported by documentation. Any discrepancies can lead to delays or denial.
Step 3: Biometrics Appointment
After filing, applicants receive a notice to attend fingerprinting and background checks.
Step 4: The Asylum Interview (Affirmative Cases)
USCIS schedules an interview with an asylum officer. Applicants may bring their attorney, interpreter, and supporting documents.
Step 5: Immigration Court Hearing (Defensive Cases)
For those in removal proceedings, hearings take place before an immigration judge. Testimony, cross-examination, and presentation of evidence occur at this stage.
Step 6: Decision
If asylum is granted, the individual receives legal protection and may apply for a green card after one year. If denied, the decision may be appealed.The Irving immigration lawyers at Orange Law guide clients through every step, ensuring compliance with all deadlines and procedures.
Benefits of Asylum
A successful asylum grant provides significant protections and opportunities:
- Right to live and work legally in the United States
- Eligibility for Social Security and work authorization (EAD)
- Ability to apply for permanent residency after one year
- Pathway to citizenship after five years of permanent residence
- Derivative asylum for spouses and unmarried children under 21
Orange Law helps clients not only secure asylum status but also transition smoothly into long-term residency and eventual citizenship.
Common Challenges in Asylum Cases
Even legitimate asylum claims face obstacles. The most frequent issues include:
- Inconsistent statements or missing documentation
- Language barriers and poor interpretation
- Trauma-related memory gaps
- Changing country conditions
- Credibility assessments by asylum officers or judges
Attorney Karan Joshi emphasizes that preparation and credible testimony are key:
“Asylum is about truth, but truth must be supported by strong evidence and clear storytelling. Our job is to help clients present that story with courage and accuracy.”
Country Conditions and Evidence
USCIS and immigration judges rely heavily on country condition evidence — reports from the U.S. State Department, human rights organizations, and news sources.
Orange Law’s legal team researches and submits detailed reports to corroborate each client’s fear of persecution, demonstrating patterns of violence, discrimination, or government inaction.
What Happens If Asylum Is Denied?
If an asylum claim is denied, several options remain:
- Appeal to the BIA within 30 days
- Motion to reopen or reconsider based on new evidence
- Filing for withholding of removal or relief under the Convention Against Torture (CAT)
Orange Law’s Dallas–Irving office represents clients at every appellate level, ensuring their rights are preserved and every legal avenue is explored.
Why Choose Orange Law in Dallas, Texas
Orange Law is more than a law firm — it’s a trusted partner for individuals seeking protection and stability.
- 🏆 Best of the Best Winner 2025
- 💼 Decades of combined immigration experience
- 🌍 Multilingual staff fluent in Spanish, Hindi, Urdu, and Arabic
- 📍 Offices in Dallas–Irving and Houston
- 💬 Personalized attention and fast communication
Whether you are applying for asylum, facing removal, or reuniting with family, Orange Law provides the knowledge and compassion you deserve.
