The Asylum Process in DFW
Applies to those who enter the U.S. with a visa or have not been placed in immigration court. These cases are reviewed by asylum officers, not judges.
- Gather Evidence: Asylum seekers collect supporting documents like medical or prison records, news articles, and witness statements.
- Application: The I-589 form is submitted with the evidence and personal statement. It must be filed within one year of arrival.
- Interview: USCIS schedules an interview with an asylum officer in Houston. This can take months or years.
- Decision: A few weeks after the interview, asylum seekers return to Houston to receive a decision. If granted, the process ends here.
Note: Only those with valid entry and no immigration enforcement contact qualify for this path.
Applies when an asylum seeker declares asylum at a U.S. port of entry or is already in removal proceedings. These cases are decided by an immigration judge in court.
- Master Calendar Hearing: The first court date sets the schedule for the trial. Delays are common—multiple hearings may be needed before a trial date is confirmed, sometimes a year or more out.
- Asylum Trial: In a courtroom setting, asylum seekers must prove past persecution or fear of return. Government attorneys challenge their claims. Legal representation is allowed but not guaranteed—and extremely difficult to succeed without.
- Decision: A ruling may be given in court or delayed for months as the judge reviews the case.
Note: Defensive asylum is often complex and prolonged, with high stakes and limited legal support.
Paperwork only
File Appeal: If the judge decides based on the trial that the asylum seeker does not meet the criteria for asylum, then they have 30 days to decide whether or not they want to appeal. Asylum seekers must file their appeal with the Board of Immigration Appeals.
How Do Asylum Seekers Arrive?
People seeking asylum come to the U.S. through many paths:
- Some enter legally on visas (like student or business).
- Others make a dangerous journey through South or Central America.
- Some arrive unexpectedly, having been misrouted or misled by smugglers.
- Many must flee their home suddenly, alone, and in secrecy, with no time to plan.
Once here, most don’t have family or a support system—and few know what to do next.
Twelve months may seem like a long time to file a case, but consider these facts:
- Very few asylum seekers can afford legal representation
- Asylum seekers are not provided with social workers to help them understand what is required in the application or to translate
- Asylum seekers must get evidence from a home country that is currently putting their life in jeopardy–many governments and contacts in their home country are unwilling to provide help or are dangerous to reach out to.
After filing a claim for asylum, they are faced a 150 day wait to apply for a work permit. Then, it takes several months for the work permit to be issued. The process from when an asylum seeker arrives in the United States to when they receive their work permit often takes more than two years. During this period, asylum seekers are not eligible for most assistance from the federal government like housing and Medicaid.