What Is Asylum?
A person can qualify for asylum, or political asylum, if he or she has a reasonable fear, of future persecution, on account of race, religion, national origin, political opinion, or membership in a particular social group.
A reasonable fear just means one need not prove conclusively that they will be persecuted in the future; only that they have a good reason to fear that it will happen. Courts have granted asylum in the US to people who have as little as a ten to fifteen percent chance of persecution in the future.
Persecution means that the harm an asylum seeker is afraid of is severe enough to be considered a serious violation of one’s human rights. A loss of money or small restriction on liberty is typically not enough to constitute persecution, while a serious threat to one’s life or liberty is more likely to be considered persecution.
Race, religion, and national origin are fairly straightforward. Political opinion asylum does not necessarily require a political opinion in order to be a protected opinion; an opinion about a nonpolitical issue can sometimes qualify.
An imputed political opinion is sufficient for asylum purposes. A particular social group is a group of people with a common, immutable trait that either cannot be changed or should never be forced to change.
People who commonly fit into this category include:
- Tribal and ethnic groups
- Female victims of domestic violence
- And people who are lesbian, gay, bisexual, or transgender (LGBT)
If you are looking for a reputable asylum attorney to help you with your asylum case in Dallas, TX, you can trust our team of asylum lawyers at the Law Office Of Yovanna Vargas today. Our attorneys have years of combined experience and will go above and beyond to ensure that you receive the best possible outcome for your case in Immigration Court in Texas.
Take a look at our client testimonials, and see why we are the most trusted team of asylum attorneys in all of Dallas, TX, and beyond.
Aside from asylum and refugees, the United States offers several other humanitarian immigration options for people in need of help. So, even if an asylum application ultimately fails, there still may be options to prevent deportation.
Withholding of Removal
A person is eligible for Withholding of Removal if he or she can show it is more likely than not that, upon returning to his or her home country, he or she would be persecuted on account of:
- National origin
- Political opinion
- Or membership in a social group
Someone receiving withholding of removal cannot be deported to the country where they fear persecution. In practice, a person with the withholding of removal can stay and work in the United States permanently, although they cannot get a Green Card or citizenship. Withholding of Removal is a good option for people who fear persecution but are denied Asylum because of the one-year or other bars. People who persecute others or who have committed serious crimes in the past are not eligible for Withholding of Removal.
Convention Against Torture (CAT) Relief
The Convention Against Torture (CAT) is an international treaty signed by 151 countries, including the United States, designed to prevent torture around the world. One of the requirements of the treaty is that a country cannot send someone to a country if that person will be tortured there.
In fulfilling its obligations under the treaty, the United States will not deport anyone who can prove that it is more likely than not that he or she will be tortured upon returning to his or her home country. A person does not have to prove that the torture is done on account of any protected grounds; only that torture will happen.
There is no bar to CAT relief – a criminal or even a terrorist can avoid deportation by using the CAT. For this reason, CAT is often used by Asylees who have a criminal record but are afraid to return to their home country.
Temporary Protected Status (TPS)
Sometimes there is a war or natural disaster in a country, making it unsafe to return there. If this happens, the U.S. government will designate that country for Temporary Protected Status. If the government “designates” a country for TPS, then anyone from that country who was living in the United States on that date can apply for TPS. People with TPS cannot be deported and can live and work in the United States as long as the U.S. government believes it is still too dangerous to return to that country.
The following countries are currently designated for TPS (designation date in parenthesis):
- Somalia (Sep 16, 1991)
- El Salvador (March 9, 2001)
- Haiti (July 23, 2011)
- Honduras (January 5, 1999)
- Nicaragua (January 5, 1999)
- Somalia (September 18, 2012), Sudan (May 3, 2013)
- South Sudan (May 3, 2013)
- Syria (March 29, 2012)
- Yemen (Sep 3, 2015)
- Nepal (June 24, 2015)
- Venezuela (Mar 9, 2021)
- Burma (Myanmar- May 25, 2021)
How Can a Texas Asylum Attorney Help You?
Consulting a reputable lawyer to help you with your asylum case is critical for ensuring the best possible outcome for your case. Attorneys have years of experience working with people in a similar situation to you and will be able to offer you the support and reassurance that you need during this difficult time.
Did you know that studies have shown that asylum applicants in Immigration Courts have a higher chance of getting their case approved when they have a reputable attorney on their side to represent them? Over 50% of asylum applicants win their cases with an asylum attorney.
A reputable asylum attorney:
- Will gather the evidence that is necessary to successfully support your asylum application in Court
- Will effectively represent you in Immigration Court
- Will successfully prepare you for direct cross-examination in Immigration Court
- Will write you a thorough and professional report to testify in Immigration Court
- Can offer you legal advice and knowledge that can help you during this time
- Will be able to answer any questions you have regarding the legalities of the matter
- Can offer you the support and emotional reassurance that you need during this time
- May provide you with the right path to acquiring US citizenship
- Has the experience and knowledge necessary to get you a successful outcome
If you have any questions about how an asylum attorney can help you with your case in Texas, please don't hesitate to contact our team of reputable asylum attorneys at the Law Office Of Yovanna Vargas today.
Contact an Asylum Lawyer in Texas Today
An experienced asylum attorney greatly increases the chances of success. We are highly experienced in many types of humanitarian immigration law. We know how difficult and heart-wrenching the process can be, and we will be with you every step of the way.