Dallas-Garland, TX Asylum & Refugee Attorneys 

The Application Process for Asylum & Refugee Status Seekers 

While the goal for both asylum and refugee applicants is the same — protection in the U.S. — the steps to achieve this vary depending on your location and circumstances. Preparing to file takes time, patience, and detailed knowledge of U.S. immigration laws. Here’s an expanded explanation of the processes for each. 

What Is the Asylum Application Process in the U.S.? 

1. Submit Form I-589: Begin your asylum application by submitting Form I-589 to USCIS. This form requires you to detail the grounds of your claim, including evidence that supports your fear of persecution. 
2. Fingerprinting and Biometrics Appointment: Following submission, you’ll be scheduled to provide biometrics such as fingerprints. This helps U.S. authorities verify your identity and conduct security checks. 
3. Build Your Case While You Await the Interview: Collect evidence, gather eyewitness testimonies, and consult legal professionals to present a thorough, credible case. 
4. Attend an Asylum Interview: This is a critical part of the process where you will be asked about your application and personal experiences. Being prepared with legal representation during this stage boosts clarity and confidence. 
5. Receive a Decision: Decisions typically take several months, but applicants could face longer waits depending on the backlog. If your application is not approved, your case will be referred to Immigration Court for removal proceedings, where an immigration judge will review your application and evidence and decide on your eligibility for asylum.

What Is the Refugee Application Process in the U.S.? 

1. Partner with UNHCR or Relevant Entities: Refugees usually begin the process with the United Nations High Commissioner for Refugees (UNHCR), or a U.S. embassy. You’ll undergo preliminary interviews to verify eligibility. 
2. Undergo Background Checks and Vetting: Refugees are screened extensively through medical evaluations, fingerprinting, and interviews. This ensures that each applicant meets the government’s requirements for refugee status. 
3. U.S. Resettlement Process: After being approved, refugees are referred to the U.S. Refugee Admissions Program (USRAP), which coordinates travel and resettlement services upon arrival. 
4. Adjustment of Status: Refugees enter under temporary status but may apply for permanent residency within a year of their arrival in the U.S. 

Understanding what documents, evidence, and interviews to prepare for is critical in both processes. Our attorneys can guide you through these complex steps and help you prepare and stay confident every step of the way.

Common Setbacks Faced by Refugees & Asylum Seekers in the U.S. 

While the number of individuals seeking asylum and refugee status in the U.S. are increasing, so too are the challenges faced along the way. Complex laws, under-resourced systems, and shifting political climates often create additional hurdles for those already vulnerable. Below are common barriers faced by refugees and asylum status seekers. 

1. Missed Deadlines and Incorrect Paperwork 

One of the most frequent issues applicants face is missing important deadlines — such as the one-year filing rule for asylum applicants — or submitting incomplete forms. These errors can derail a strong case and may even lead to a denial.

2. Policy Restrictions 

Immigration laws and programs constantly evolve. Legal support is crucial in adapting to these changes and ensuring that asylum seekers can continue their pursuit of safety and stability in the United States.

3. Gathering Evidence 

Proving persecution often requires extensive documentation or personal testimony. Many asylum seekers lack access to clear evidence (e.g., medical reports, arrest warrants, written threats) because fleeing usually requires leaving belongings behind. Our immigration attorneys help with strategies for presenting credible testimony and securing evidence. 

4. Language Barriers 

The U.S. immigration system is complex, with interviews, forms, and proceedings conducted in English. Misunderstandings can result in misfiled cases or missteps during critical parts of the process. Having legal representation that is fluent in both English and Spanish ensures no part of your case gets lost in translation. 

5. Lack of Legal Representation 

Most asylum and refugee applicants who go through their cases without legal representation face higher rejection rates. Only 1 in 10 successfully apply for asylum on their own, while your chances of winning your case can increase by three times with legal representation. Facing these obstacles is stressful, but with the right preparation and support, they can often be overcome. 

Refugee or asylum concerns? Call (469) 991-2948 or message us online for a free initial consultation. ¡Hablamos Español!

Understanding Regulations That Affect Your Asylum & Refugee Status 

U.S. immigration laws include specific sections aimed at protecting individuals seeking asylum or refugee status. The two key pieces of legislation in this area are the Refugee Act of 1980 and the Immigration and Nationality Act (INA). 

• The Refugee Act of 1980 was a landmark law that created the U.S. Refugee Admissions Program. It was designed to align U.S. policies with the international standards outlined in the United Nations Refugee Protocol. This act also established the definition of a "refugee" in U.S. law. 
• The INA, particularly Sections 207 and 208, outlines the legal steps for both refugee admissions and the asylum process. Section 207 focuses on the procedures for admitting refugees into the U.S., setting annual caps and eligibility criteria. Meanwhile, Section 208 details the rights and protections for asylum seekers already present in the country.

Understanding these regulations is crucial for anyone navigating the asylum or refugee process. By staying informed about the Refugee Act and the INA, applicants can better understand their legal rights, the steps involved, and what is expected of them.