Asylum is granted to people who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. One can obtain asylum if in the United States legally or illegally or refugee status if outside of the United States. Back to Asylum FAQs
The USCIS aims to make a decision on your asylum application within 180 days. During this time, you will be required to have your fingerprints taken and attend an interview at one of the eight asylum offices. Back to Asylum FAQs
Yes. Your spouse and unmarried children under 21 years of age may be able to obtain derivative asylum status. You may ask to have them included in your asylum decision if they are in the United States; or if you are granted asylum, you can petition to bring them to the US. (This must be done within 2 years of you being granted asylum). Back to Asylum FAQs
Yes. You may apply for asylum as a minor if you are under 18 years of age and want to have your own case separate from your parents or spouse. You may also apply for asylum as an unaccompanied minor if you are under 18 years of age; have no parent or legal guardian in the US that can provide care or custody; or were separated from your parent or legal guardian. Back to Asylum FAQs
Asylum can only be filed if you are currently in the United States and preferably within one year of your entry into the U.S. If you require assistance from overseas, you would need to file for refugee status through a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee. For more information on the referral criteria, see the USRAP Consultations and Worldwide Processing Priorities page.Back to Asylum FAQs
You may still file your application after one year of coming to the U.S. and qualify for an exception to the one year deadline if you can prove that you were unable to file within the one year because of exceptional circumstances (changed or extraordinary circumstances).
If the individual establishes that it is more likely than not that his life or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion, that person may be eligible for withholding of removal or deferral of removal. Individuals who satisfy the torture requirement may be eligible for withholding of removal or deferral of removal under the Convention Against Torture. Back to Asylum FAQs
If you are considering applying for asylum in the U.S. contact us today! Florida immigration attorneys Suzanne Vazquez and Maud Poudat are certified as experts in Immigration and Nationality Law by the Florida Bar. Call us at (407) 674-6968 during office hours or fill out the online form provided on this page and we will call you right back. If you have an emergency after office hours please call or text us at (407) 925-2554 and we will contact you shortly.