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What Is Asylum and How Do You Apply in the United States?

asylum houston texas immigration attorney

Asylum in the United States provides legal protection to people who have been persecuted — or have a well-founded fear of persecution — in their home country. For many immigrants in Houston and across Texas, asylum is the only legal pathway to safety and a stable future. Understanding who qualifies, how the process works, and what mistakes to avoid can make the difference between protection and removal.

Asylum application documents immigration forms Houston Texas

Attorney Olsa Alikaj-Cano at Cano Immigration, PLLC represents asylum seekers throughout Texas. Her practice spans both affirmative asylum applications and defensive asylum claims in removal proceedings — giving clients comprehensive coverage regardless of how their case enters the system.

Who Qualifies for Asylum?

To qualify for asylum in the U.S., you must demonstrate persecution or a well-founded fear of persecution based on one of five protected grounds under INA § 208: race, religion, nationality, political opinion, or membership in a particular social group. The persecution must be carried out by the government or by groups the government cannot or will not control. The analysis is highly fact-specific — which is why experienced legal representation is critical from the start.

Affirmative vs. Defensive Asylum

  • Affirmative Asylum: Filed with USCIS by individuals not in removal proceedings. Submit Form I-589 and attend an interview with an asylum officer. Approval grants asylum status. Denial may refer the case to immigration court.
  • Defensive Asylum: Presented as a defense against removal before an immigration judge. This path is more adversarial and requires a fully developed case — the same high-stakes environment where Attorney Alikaj-Cano’s removal defense experience becomes decisive.

The one-year filing deadline is critical. You must file your I-589 within one year of your last arrival in the U.S. Exceptions exist but are difficult to prove. Missing this deadline without a qualifying exception can permanently bar you from asylum.

Asylum application USCIS forms documents Houston Texas immigration

Building a Strong Asylum Case

A successful asylum application is built on far more than a personal statement. Attorney Alikaj-Cano compiles country condition evidence from U.S. State Department Country Reports, witness declarations, medical records, and legal briefs tying evidence to the protected ground. Related protections — Withholding of Removal and Convention Against Torture — are evaluated alongside asylum in every case. Clients may also qualify for waivers affecting related immigration applications. Those in detention should review Cano Immigration’s bond proceedings page immediately.

Frequently Asked Questions

Question Answer
Can my family be included on my asylum application? Yes. Your spouse and unmarried children under 21 who are in the U.S. can be included as derivatives on your application.
What if I missed the one-year filing deadline? Exceptions exist for changed or extraordinary circumstances. Do not assume the deadline bars you without a legal review first.
Can I work while my asylum case is pending? You may apply for work authorization 180 days after filing a complete, non-frivolous asylum application.
What happens if my asylum case is denied? Appeals to the BIA and motions to reconsider may still be available depending on the circumstances.

Houston Asylum Attorney — Cano Immigration, PLLC

The asylum process is detailed and unforgiving of errors. Cano Immigration, PLLC provides experienced, compassionate asylum representation for immigrants throughout Houston and Texas. Call (713) 974-8944 or visit the contact page.

About Cano Immigration, PLLC

Cano Immigration, PLLC is a full-service immigration law firm in Houston, Texas led by Attorney Olsa Alikaj-Cano, focusing on asylum, deportation defense, family immigration, and business immigration throughout Texas.

By : Cano Immigration | June 10, 2025 | Uncategorized

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Cano Immigration, PLLC.

Full-Service Immigration Law Firm, Focusing on Deportation & Removal Defense

For the Experience and Expertise, You Need, Schedule Your Consultation: 832.288.2727 Or please fill in the form on the left to get in touch with Cano Immigration, PLLC.

Community Service And Advocacy

Cano Immigration is passionate about pro-bono work in the community and Attorney Cano is committed to advocacy for comprehensive immigration reform. Through philanthropy, by volunteering time, or providing pro bono legal services, the Firm continues to support various charitable organizations known for their tireless efforts in assisting refugees, and women and children fleeing persecution from their home countries.

For a list of the organizations and the work that Cano Immigration supports, and if you wish to get involved, please see below:

UNICEF www.unicefusa.org
Tahirih Justice Center http://www.tahirih.org
Kids in Need of Defense (KIND) https://supportkind.org/
Children’s Immigration Law Academy (CILA) www.cilacademy.org
American Immigration Counsel (AIC) www.americanimmigrationcouncil.org
Call now to get more details on Community Service and Advocacy: 832.288.2727