San Antonio Asylum Lawyer
Persecution-Based Protection & Refugee Relief for Individuals & Families
Call (210) 320-5633 — Free ConsultationAsylum Protection for Those Fleeing Persecution
Asylum is one of the most critical protections in U.S. immigration law. If you have suffered persecution — or have a well-founded fear of future persecution — in your home country because of your race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum in the United States.
At The Echavarria Law Firm, attorney Elizabeth Echavarria has represented asylum seekers from Latin America, Africa, Asia, and the Middle East before the San Antonio USCIS Asylum Office and the San Antonio Immigration Court. With over 15 years of experience, she understands the evidentiary standards, country condition documentation, and legal arguments required to build a winning asylum case.
Affirmative vs. Defensive Asylum
There are two paths to asylum depending on whether you are proactively applying or defending against deportation.
Affirmative Asylum
Filed proactively with USCIS by individuals who are not in removal proceedings. You submit Form I-589 and attend a non-adversarial interview with a trained asylum officer at the USCIS Asylum Office. The officer evaluates your credibility, the country conditions, and whether you meet the legal definition of a refugee. If approved, you receive asylum status. If not approved, your case is referred to immigration court.
Defensive Asylum
Filed as a defense against removal in immigration court. This applies if you were placed in removal proceedings by ICE or if your affirmative application was referred by the asylum office. The process is adversarial — a government trial attorney argues against your case. You testify under oath, present evidence, and your attorney cross-examines government witnesses. The immigration judge makes the final decision.
The Five Protected Grounds for Asylum
U.S. asylum law requires that your persecution be connected to at least one of five protected grounds established under the Immigration and Nationality Act and the 1951 Refugee Convention.
Race
Persecution based on your race, ethnicity, or ethnic group. Includes targeted violence, government-sanctioned discrimination, and denial of fundamental rights based on racial identity.
Religion
Persecution for practicing, not practicing, or refusing to practice a particular religion. Includes forced conversion, destruction of places of worship, and criminalization of religious observance.
Nationality
Persecution based on your citizenship, country of origin, or ethnic/linguistic group identity. Often overlaps with race and political opinion claims in multi-ethnic nations.
Political Opinion
Persecution for holding, expressing, or being perceived to hold political views opposed to the government, ruling party, or dominant faction. Includes journalists, activists, whistleblowers, and union organizers.
Particular Social Group (PSG)
The most complex and evolving ground. A PSG must be defined by an immutable characteristic, be socially distinct, and be particular. Examples include LGBTQ+ individuals, domestic violence survivors, former gang-targeted youth, certain family units, and women from specific cultural backgrounds facing gender-based violence.
The Asylum Application Process (Step by Step)
Initial Consultation & Case Evaluation
We evaluate your story against the legal requirements for asylum, identify the strongest protected ground, and determine whether you qualify for affirmative or defensive asylum. We assess the one-year filing deadline and any potential bars.
Prepare Your Personal Declaration
We draft a comprehensive, detailed declaration in your own words describing the persecution you suffered or fear. This is the cornerstone of your case — it must be credible, consistent, and specific about dates, events, perpetrators, and your physical and emotional suffering.
Gather Country Condition Evidence
We compile U.S. State Department Human Rights Reports, reports from Human Rights Watch, Amnesty International, UNHCR, and other credible organizations. We also gather news articles, expert affidavits, and any documentation from your home country that supports your claims.
File Form I-589
We prepare and file your Form I-589 (Application for Asylum and for Withholding of Removal) with USCIS or the immigration court, along with all supporting evidence, your declaration, and a legal brief establishing your eligibility.
Asylum Interview or Court Hearing
For affirmative cases, we prepare you for your interview with the asylum officer, conducting mock interviews and reviewing potential questions. For defensive cases, we prepare you for direct testimony and cross-examination in immigration court.
Decision & Post-Asylum Benefits
If granted, you receive asylum status allowing you to live and work in the U.S., apply for a green card after one year, travel internationally with a Refugee Travel Document, and petition to bring eligible family members. If denied, we file an appeal to the BIA within 30 days.
Evidence That Strengthens Your Asylum Case
| Evidence Type | Description | Impact |
|---|---|---|
| Personal Declaration | Detailed, sworn statement describing your persecution in your own words with dates, locations, and perpetrators | Essential — the foundation of every asylum case |
| Country Condition Reports | U.S. State Dept Human Rights Reports, HRW, Amnesty International, UNHCR data | Critical — corroborates that conditions in your country support your claims |
| Medical/Psychological Records | Documentation of injuries, PTSD, anxiety, depression from persecution | Very strong — physical and psychological evidence of harm suffered |
| Police Reports / Complaints | Reports filed with local authorities showing you sought protection that was denied or ineffective | Strong — demonstrates government inability or unwillingness to protect |
| Photographs / Videos | Images of injuries, damaged property, protests, or threats | Strong visual corroboration |
| Witness Affidavits | Sworn statements from family members, friends, or community members who witnessed events | Supportive corroboration of your testimony |
| Expert Testimony | Affidavits from country condition experts, professors, or former government officials | Highly persuasive for complex PSG or political opinion claims |
| News Articles | Media coverage of events, violence, or government repression relevant to your case | Supports the credibility of your claims with independent documentation |
Withholding of Removal & Convention Against Torture
If you are barred from asylum (e.g., missed the one-year deadline, committed a particularly serious crime, or have a firm resettlement in another country), you may still qualify for two alternative forms of protection:
Withholding of Removal — INA §241(b)(3)
Requires showing it is more likely than not (greater than 50% probability) that you would face persecution based on a protected ground if returned. Higher standard than asylum but has no one-year filing deadline. Grants protection from removal to the specific country but does not provide a path to a green card or allow travel abroad.
Convention Against Torture (CAT)
Requires showing it is more likely than not you would be tortured by or with the acquiescence of government officials if removed. No protected ground is required — the focus is solely on the likelihood of torture. CAT protection is available even for individuals with serious criminal convictions. It can be granted as either withholding or deferral of removal.
Asylum Costs & Filing Fees in San Antonio (2026)
| Item | Cost | Notes |
|---|---|---|
| I-589 Filing Fee | $0 | There is no government filing fee for asylum applications |
| Attorney Fees (Affirmative) | $5,000 – $10,000 | Includes preparation, declaration drafting, evidence compilation, and interview |
| Attorney Fees (Defensive) | $8,000 – $15,000 | Includes court appearances, testimony preparation, cross-examination |
| Expert Witness Fees | $1,000 – $5,000 | Country condition experts, psychologists, medical professionals |
| Translation / Interpretation | $200 – $1,000 | Document translation, court interpreter (if not provided by the court) |
| EAD Application (I-765) | $0 | No fee for asylum-based EAD applications |
| BIA Appeal | $110 | Filing fee for appeal to the Board of Immigration Appeals (fee waiver available) |
Frequently Asked Questions — Asylum in San Antonio
Related Immigration Resources
Fleeing Persecution? We Can Help
The one-year filing deadline does not wait. Attorney Elizabeth Echavarria has helped asylum seekers from around the world find safety and protection in San Antonio.
Call (210) 320-5633 — Free Consultation