Law Office of
D.Ray Mantle, pllc
Attorney Profile
D.Ray Mantle has devoted his legal career to immigration law. His thorough research and writing skills were relied on by Immigration Judges while he served as an Attorney Advisor in the U.S. Department of Justice, and he has advised Fortune 100 companies on complex immigration cases. Find out how you can benefit from his experience and have Mr. Mantle work for you:
Why Mantle Works.
Contact
Contact our office to schedule
an initial consultation.
972-567-8809 (phone)
888-567-0896 (fax)
2591 Dallas Parkway
Suite 300
Frisco, Texas 75034
Member,
American Immigration
Lawyers Association
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Immigration Benefits through Affirmative Asylum
Confidential Legal Consultation
D.Ray Mantle provides confidential legal consultation to discuss immigration solutions for individuals who may be victims of persecution. For more information, please contact our office.
Every year, thousands of people come to the United States in need of protection because they have been persecuted or fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion. Those found eligible for asylum are permitted to remain in the United States.
Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a refugee and are not barred from either applying for or being granted asylum, and eventually to adjust their status to lawful permanent resident.
The U.S. Asylum Program provides protection to qualified refugees who are already in the United States or are seeking entry into the United States at a port of entry. Asylum-seekers may apply for asylum in the United States regardless of their countries of origin.
Frequently Asked Questions
What is asylum?
Asylum is a form of protection from removal to a
country of feared persecution that allows an eligible
refugee to remain in the U.S. and eventually to
become a lawful permanent resident.
Who can apply for asylum?
Individuals of any nationality currently in the U.S.
or who are seeking entry at a port of entry
(airport, seaport, or border crossing).
When must I apply for asylum?
Generally you must apply for asylum within one
year of your last arrival into the U.S. Exceptions
may apply such as (1) changed circumstances in
your home country that affect your eligibility or
(2) extraordinary circumstances related to your
lateness in filing.
Can I apply for asylum if I am here illegally?
Yes. You may apply regardless of your immigration
status as long as you file your application
within one year of your last arrival or demonstrate
that you are eligible for an exception to that rule.
Can I apply if I was convicted of a crime?
Yes. However, you may be barred from being
granted asylum depending on the crime.
Can I be barred from applying for or being
granted asylum?
You may be barred from applying for asylum if
you previously applied for asylum and were denied
by an immigration judge or Board of Immigration
Appeals, if you did not apply within one
year of your last arrival, or if you could be removed
to a safe third country pursuant to a bilateral
or multilateral agreement. You may be barred
from a grant of asylum due to certain criminal
activities, security-related grounds or if you have
been involved in the persecution of others or are
already firmly resettled in another country. Certain
exceptions may apply. If you are barred from
applying for asylum, however, you may still be
entitled to withholding of removal, another, more
limited form of protection that can be granted in
removal proceedings.
How do I apply for asylum?
To apply for asylum, you will need to complete Form
I-589, Application for Asylum and for Withholding of Removal,
and follow the instructions carefully.
What is the fee to apply for asylum?
There is no fee to apply for asylum.
Can I include my spouse and children on my case?
Your spouse and children who are in the United States
may be included on your application at the time you
file or at any time until a final decision is made on
your case. A child must be under 21 and unmarried
to be included as a dependent on your application.
You should bring these dependents with you to your
asylum interview.
Am I subject to security and background checks if I
apply for asylum?
Yes. Every individual who applies for asylum is subject
to background and security checks. Depending on the
results of these checks, you may be found ineligible
for a grant of asylum.
Will I be fingerprinted if I apply for asylum?
Yes. After you have filed your asylum application, you
will receive a notice in the mail with the time, date
and location to have your fingerprints taken at an Application
Support Center.
Can I work after I file for asylum?
You cannot apply for work authorization at the same
time you apply for asylum. However, you can apply
for work authorization if 150 days have passed since
you filed your complete asylum application, excluding
any delays caused by you, and no decision has been
made on the application. Additionally, if granted asylum
status, you are authorized to work as soon as your
asylum case has been approved.
Can I travel outside the U.S. after I file for asylum?
If you must travel outside the U.S. before a final decision
has been made in your asylum case, you must
receive advance permission, also called Advance Parole
before leaving the U.S. in order to return. If you fail to
obtain Advance Parole, USCIS will presume you have
abandoned your application and you may be denied
readmission into the U.S. Additionally, if you obtain
Advance Parole and return to the country of feared
persecution, USCIS may determine you have abandoned
your application for asylum unless you can
provide compelling reasons for your return.
Can anyone help me with my asylum interview?
You may bring your own attorney or legal representative to
the asylum interview at no cost to the U.S. Government.
How will I be interviewed if I do not speak English?
You will be interviewed through an interpreter. USCIS does
not provide interpreters. You must bring your own interpreter
to the interview. If your interpreter does not speak
English sufficiently, your interview may need to be rescheduled
so that you can find a more competent interpreter.
What will happen at my asylum interview?
You will arrive at the asylum office for a non-adversarial
interview with an asylum officer who will verify your identity
and ask you basic biographic questions and the reasons
you are applying for asylum. Everything you say at the interview
is confidential. It is very important that you tell the
Asylum Officer your experiences in as much detail as possible
so that the Asylum Officer can determine whether you
qualify as a refugee. A decision on your case will not be made on the same day as the asylum interview.
How does the asylum officer determine if I am eligible
for asylum?
The Asylum Officer will determine if you are eligible by
evaluating whether you meet the definition of a refugee and
are not barred from a grant of asylum based on information
you provide on your application and during your interview
with an Asylum Officer, as well as other information that
may be available to the officer.
What happens if I am found ineligible for asylum?
If you are found ineligible but hold a valid immigration
status or are qualified to remain in the U.S. (based on Temporary
Protected Status or, in some cases, parole), you will
receive a notice of intent to deny your case that explains the
reasons you were found ineligible. You will have the opportunity
to rebut these reasons and provide additional evidence
to support your case. If you do not hold a valid immigration
status or are not qualified to remain in the U.S.,
you will be placed in removal proceedings and your case
will be referred to an immigration judge who will evaluate
your asylum claim anew.
How do I find out the status of my case?
You or your attorney can contact the USCIS Asylum Office that has or will be
conducting your asylum interview.
Where can I find the law?
The legal foundation for asylum comes from Section 208 of
the Immigration and Nationality Act. Federal regulations
that explain the eligibility requirements and procedures for
asylum can be found in the Code of Federal Regulations
(CFR) at 8 CFR § 208.
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Affirmative Asylum
STEP ONE: Asylum-Seeker Arrives in the United States
An asylum-seeker is generally eligible to apply for asylum
under INA § 208(a) if he or she 1) is arriving in or physically
present in the U.S., and 2) files within one year of
arriving in the U.S. or establishes that an exception to the
requirement to file within one year applies.
STEP TWO: Asylum-Seeker Applies for Asylum
Asylum-seeker files Form I-589, Application for Asylum and for
Withholding of Removal, with the appropriate Service Center.
STEP THREE: Applicant is Fingerprinted and Background
Security Checks Conducted
Applicants 13 years of age and older receive a notice from
the Service Center to go to an Application Support Center
or authorized Designated Law Enforcement Agency to have
their fingerprints taken.
STEP FOUR: Applicant Receives Interview Notice
In most cases, an applicant will receive a notice stating the
date, location, and time of the asylum interview within 21
days after the applicant submitted a complete Form I-589.
STEP FIVE: Applicant is Interviewed
The applicant is interviewed by an Asylum Officer at one of
eight asylum offices located in Arlington, VA; Chicago, IL;
Houston, TX; Los Angeles, CA; Miami, FL; Newark
(Lyndhurst), NJ; New York (Rosedale), NY; and San Francisco,
CA or, if the applicant lives too far from an asylum
office, at a district office.
In the majority of cases, the applicant is interviewed within
43 days after filing, though time frames for individuals
interviewed at a district office may be longer because Asylum
officers must arrange to travel to these offices.
STEP SIX: Asylum Officer Makes Eligibility Determination
and Supervisory Asylum Officer Reviews Decision
The Asylum Officer determines whether the applicant
meets the definition of a refugee in INA § 101(a)(42)(A)
and if a bar from being granted asylum under INA § 208(b)(2) applies. A Supervisory Asylum Officer reviews the
Asylum Officer’s decision to determine if it is consistent
with the law.
STEP SEVEN: Applicant Receives Decision
In most cases, the applicant returns to the asylum office to
pick up the decision two weeks after the interview was
conducted. The applicant will generally receive the decision
60 days after the filing date.
Case decisions may be delayed, however, due to pending
security or background checks. Longer processing times
also may be required for an applicant who is currently in
valid status, was interviewed at a district office, or whose
case is being reviewed by Asylum Division Headquarters
staff. The decision is generally mailed to the applicant in
these situations.
Help for Asylum Applicants
D.Ray Mantle assists immigrants who have been victims of persecution in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements.
If you would like to understand more about the application process and to find out if you qualify for asylum, please contact D.Ray Mantle for a consultation.
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