San Marcos Asylum Attorneys

Aggressive Asylum Advocacy in Hays County

When people fear for their lives, they may have no choice but to flee their homes and seek a safer, better life elsewhere. Many people placed in these unimaginably difficult positions choose to seek refuge in the United States. Though the U.S. immigration system does offer protections and legal status to asylees, successfully securing asylum status is exceptionally difficult, and the process has only gotten harder in recent years. 

At The Law Offices of David C. Hardaway, we are committed to helping individuals who have faced persecution in the past or fear future persecution exercise their legal right to request asylum in the United States. Our San Marcos lawyers are familiar with the intricacies of this complex legal process and will leverage our experience and resources to aggressively fight for you every step of the way. We recognize what is at stake, and we take the trust you place in our firm seriously, which is why we emphasize transparent, honest communication and open accessibility, meaning you can expect all of your calls to be returned within 24 hours or less. 

If you are considering seeking asylum or have already begun the process, do not hesitate to call (512) 846-9966 or contact us online to schedule a free initial consultation. Se habla español.

Who Qualifies for Asylum in the United States?

Not wanting to remain in your home country is not enough to qualify for asylum. To be eligible for asylum protection in the United States, you must be able to prove you have been previously persecuted on certain protected grounds in your home country (or previous country of residence) or have a legitimate, well-founded fear of future persecution if you were to return to your home country.

Any past or feared future persecution must be based on one or more of the following grounds:

• Your race
• Your nationality
• Your religion
• Your political opinions
• Your membership in a particular social group

“Membership in a particular social group” can potentially cover a variety of scenarios. For example, being a woman could qualify for purposes of asylum eligibility if you can prove that women are routinely targeted for persecution in your home country. 

But what is “persecution,” exactly? Broadly, persecution can be defined as any infliction of harm or threat to your freedom. Threats or acts of imprisonment, violence, surveillance, or discrimination based on one of the aforementioned protected grounds all tend to qualify as persecution. Your home country’s government does not necessarily have to be responsible for the persecution. Organizations (such as gangs) that the government cannot or will not control can also carry out acts of persecution that may qualify you for asylum.

Keep in mind that to obtain asylum status, you will need to prove not only the existence of past persecution or a fear of future persecution, but you must also establish the link between the persecution and one of the protected grounds. For example, you would need to show that threats of violence made against your family were tied to your family’s religious beliefs. In cases involving fears of persecution, you do not necessarily need to have been directly threatened, but you will have to show that others who share the protected element of your identity have been persecuted in some way. 

Proving you qualify for protection in the United States is not easy, which is why you need our San Marcos asylum attorneys on your side. After thoroughly assessing the circumstances of your past or feared persecution, we will advise whether you have a strong case. We will always be direct and honest when discussing eligibility and the likelihood of success, though you can trust we will make every effort to secure a favorable outcome if you choose our firm, no matter the circumstances.

What Are the Processes for Seeking Asylum in the United States?

Securing asylum status tends to require navigating multiple U.S. government agencies. There are also now three primary ways to seek asylum, though the specific avenues available to you will depend on your unique situation, including where you are physically located when you begin the process.

Our San Marcos asylum lawyers can assist you with each of the pathways to obtaining asylum:

• The affirmative pathway. If you are already legally present in the United States on another temporary visa, you can “affirmatively” request asylum status from within the country. However, you must typically submit your request within one year of your entering the country unless you can demonstrate extraordinary circumstances that prevented you from doing so. You will generally be permitted to remain in the U.S. until a decision has been made. If your request is denied, you will usually be referred for removal.
• The defensive pathway. The “defensive” pathway is exactly what it sounds like. You can request asylum as a “defense” in deportation proceedings. You (and your legal representation) will have an opportunity to make your case before an immigration judge, and you can appeal if your application is rejected. 
• The expedited pathway. This new process, introduced in 2022, allows individuals facing expedited removal to get faster adjudications of their asylum applications.

The asylum application backlog is notoriously enormous: In some cases, you may be looking at a wait of several years or more before your case is heard. We will look for every opportunity to accelerate the process and obtain a favorable outcome.