Asylum Lawyer in Houston, Texas

If you or your family face persecution or a serious threat to your safety in your home country, asylum may provide legal protection in the United States. At Prosperity Immigration Law, our immigration team works with asylum seekers in Houston and across Texas. We handle affirmative and defensive asylum cases, withholding of removal, and related immigration proceedings before USCIS, the Immigration Court, and the Board of Immigration Appeals.

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What Is Asylum?

Asylum is protection the U.S. government can give you if you're already in the country and it's not safe for you to go back home. To qualify, the danger you face has to be based on one of five specific reasons: your race, religion, nationality, membership in a particular social group, or your political opinions.

Asylum is not a visa, and it doesn't automatically make you a permanent resident. It's something the government chooses to grant, and if they do, you can stay in the U.S. and apply for a green card after living here for one year as an asylee.

What matters most is whether your story is believable, whether you have strong documents to back it up, and how well your case is presented.

Eligibility Requirements for Asylum

Who Qualifies for Asylum?

To qualify for asylum, you generally need to meet all of the following:

You must be physically present in the United States or arriving at a U.S. port of entry.
You must have experienced persecution in the past or have a real reason to fear it in the future.
The persecution must be based on at least one of five specific reasons: your race, religion, nationality, membership in a particular social group, or your political opinions.
Your government must be the one causing the persecution, or it must be unable or unwilling to protect you from it.
You must have filed your application within one year of arriving in the United States, unless you qualify for an exception.
You must not have been convicted of a serious crime or have any other legal reason that would disqualify you.

Asylum for Spouses and Children

If you are granted asylum, your spouse and unmarried children under 21 may be eligible to receive derivative asylum status. Just note that the spousal or parent-child relationship must exist at the time your asylum is approved for derivative benefits to apply. Marriage or the birth of a child after approval does not automatically qualify them.

Affirmative cases: If your spouse or child is in the United States, they can be included on your I-589 at the time of filing or added before a decision is made.
Family members abroad: If your spouse or child is outside the United States, they may be eligible to follow-to-join you as a derivative asylee after you are granted asylum status.

Affirmative vs. Defensive Asylum

Affirmative Asylum

If the government has not started deportation proceedings against you, you can file Form I-589 directly with USCIS. A trained asylum officer will review your case and interview you. If you're approved, you receive asylum status. If you're not approved and you don't have legal immigration status, your case gets sent to an immigration judge for a full hearing.

Defensive Asylum

If the government has already started the process of deporting you, you can still fight for asylum, but you do it in front of an immigration judge as part of your defense. You'll need to prove you qualify, and if the judge rules against you, you have the right to appeal that decision to the Board of Immigration Appeals (BIA) and potentially higher courts.

Not sure which applies to you? We can help.

Withholding of Removal: An Alternative Path to Safety

How to Apply for Asylum

EB-5 investors must meet the minimum capital threshold:

Rural TEA projects: 20% of annual EB-5 visas (~1,988). Currently "Current" in the Visa Bulletin for all nationalities including China and India.
High-unemployment TEA projects: 10% of annual EB-5 visas (~994). Currently "Current" for all nationalities.
Infrastructure projects: 2% of annual EB-5 visas (~199). Currently "Current" for all nationalities.

At Prosperity Immigration Law, we evaluate visa category strategy as part of every initial investor assessment.

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Withholding of Removal: An Alternative Path to Safety

Withholding of removal is a court order that stops the government from deporting you to a country where your life or freedom would be at risk. It's similar to asylum, but if you meet the standard, the judge must grant it, no discretion involved. You have to show there's more than a 50% chance you'd be in danger if you were sent back home.

You won’t eventually get a green card, and it doesn't offer the same family benefits as asylum, but for people who can't get asylum, it can be a critical backup option.

How to Apply for Asylum

  1. Evaluate your current status: Are you in removal proceedings (defensive) or not (affirmative)? This determines where and how you file. If you've received a Notice to Appear (NTA), you are likely in removal proceedings.
  2. File Form I-589 (Application for Asylum and Withholding of Removal): This must be filed within one year of your last entry unless you qualify for an exception. Affirmative applicants file with USCIS. Defensive applicants submit to the immigration court.
  3. Gather supporting documentation: This includes personal declarations, country condition reports (such as State Department country reports and human rights organization findings), news articles, medical records, police reports, witness letters, and any documentation of the harm you suffered or fear.
  4. Attend your asylum interview or immigration court hearing: For affirmative cases, USCIS will schedule a confidential interview at an asylum office. For defensive cases, you will appear before an immigration judge in open court, where a government attorney will argue against your case.
  5. After a decision is made: If approved, you receive asylum status and may apply for a green card after one year. You can also apply for work authorization (an EAD) 180 days after filing your application. If denied, you have the right to appeal. (Note: a proposed rule currently under review may significantly extend the waiting period before work authorization becomes available. We will keep clients updated as this develops.)

Note: Asylum processing times are significantly longer in 2026 due to administrative and policy changes. If your case is pending, delays are common, but a slower timeline is not the same as a denial. Your application remains on file, and your right to seek protection has not changed.

What Our Clients Say

  • “I had an exceptional experience working with the Prosperity Immigration Law team. Their deep knowledge of employment-based immigration cases, coupled with their clear communication and meticulous approach, made the entire process seamless and stress-free. I felt fully supported at each step, confident that I was receiving top-tier legal guidance from true experts in the field.” - Tunde D.

  • “We highly recommend Prosperity Immigration Law for helping process my Immigrant visa from the initial application till the issuance of my green card. They did a great job for my case considering we are based overseas. When we started the process, communication and documentation were done remotely with zero issues at all. Staff assigned to my case are very responsive and coordinate us in a prompt and timely manner. Everything happened in perfect timing.” - Roselyn P.

  • “This firm is compassionate, well-organized, and truly committed to their clients. If you're looking for an immigration team that treats you like a person — not just a case — I highly recommend them. Huge thanks to Yakelin and Irving for being absolutely amazing!” - Tulia R.

  • “Thank you to this entire team of professionals who took our case until the approval of our EB-1A visa. They always responded immediately to our calls and questions about it. Our case was taken step by step with the expertise that these procedures require. You can find from the reception the warmth and knowledge of your areas of work, which makes this equipment totally homogeneous, effective and efficient. Thank you so much and we recommend you as THE BEST IMMIGRATION LAWYERS.” - Diego R.

Why Choose Prosperity Immigration Law

We know the Houston Immigration Court inside and out: Our team regularly appears before immigration judges in Houston and understands exactly how cases are handled in this jurisdiction. That local experience directly affects how we build and present your case.
We tell you the truth about your case: Asylum is hard, and we won't pretend otherwise. We give you a straight, realistic picture of where you stand: the risks, the timeline, and what we believe is your strongest shot at protection.
We build cases that are ready to hold up: A strong asylum case takes detailed personal declarations, solid country condition evidence, and a careful legal strategy. We make sure nothing gets missed or left to chance.
We think beyond the courtroom: Getting asylum approved is not a finish line. We can prepare you for what comes next on your path to a green card, your work authorization timeline, and how your status affects your entire family's options going forward.
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Frequently Asked Questions About Asylum

What are the five grounds for asylum? Collapse

To qualify for asylum, your persecution must be based on at least one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. General violence, poverty, or crime unless it’s directly connected to one of these five grounds.

What is the one-year filing deadline?
Can I work while my asylum case is pending?
What happens if my asylum application is denied?
Can my family be included in my asylum case? Collapse

Yes. Your spouse and unmarried children under 21 who are in the United States may be included on your I-589 as derivatives. If they are abroad, they may be able to join you after asylum is granted. The biggest deciding factor here is that the relationship must exist at the time of approval, and you need documentation to prove it.

What is the difference between asylum and refugee status?
Is asylum the same as withholding of removal?
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Schedule a Consultation With Our Asylum Lawyer in Houston Today

Whether you're just starting the process or your case is already in front of a judge, asylum cases move on deadlines, and waiting too long can close doors that cannot be reopened. If you're not sure where you stand, you just need to take the first step and give us a call. From there, we’ll discuss your eligibility and start building you the strongest possible case.

Our Offices

Houston
7322 Southwest Fwy, Tower One, 4th Floor, Suite 470
Houston, TX 77074
(281) 545-3607

Harris County
21815 Oak Park Trails Dr,
Katy, TX 77450
(281) 801-5726

The Woodlands
282 Ed English Dr,
Shenandoah, TX 77385
(281) 949-7126