Expert Immigration Lawyers in Orlando Help Clients with Asylum Applications
What Is Asylum?
Asylum is a form of protection granted to individuals in the United States who have been persecuted or fear they will be persecuted in their home countries on account of their race, religion, nationality, membership in a particular social group, or political opinion. Individuals already in the United States or who are seeking entry into the United States at a port of entry may qualify for a grant of asylum and be permitted to remain in the United States to seek this legal protection. Asylum must be applied for within one year of arriving in the United States. Individuals who are granted asylum (asylees) are eligible to apply to adjust their status to that of a lawful permanent resident one year later. Dependent family members may be eligible for permanent residence as well.
Asylum cases are so complex that we recommend that you do not proceed without an immigration lawyer on your side. You need legal help from a highly experienced Orlando asylum attorney the moment you begin to fill out your application! Asylum cases are won or lost over issues surrounding credibility. What you include in your application (or fail to include) but raise later in your statement or testimony may form the basis for an asylum officer or Immigration Judge to make an adverse credibility finding resulting in the denial of your case.
Who Is Eligible For Asylum In The U.S.?
To be eligible for asylum in the United States, the applicant must:
- ask for asylum at a port-of-entry (airport, seaport or border crossing), or
- file an application within one year of the arrival in the United States or ask later than one year if the country conditions have changed or if personal circumstances have changed within the past year prior to the filing for asylum, and those changes of circumstances affected the applicant’s eligibility for asylum.
- The applicant may also be excused from the one-year deadline if extraordinary circumstances prevented him or her from filing within the one-year period after the arrival, so long as the application is made within a reasonable time given those circumstances.
Types Of Asylum Applications
A person can apply for asylum with the Asylum Office (affirmative asylum) and/or with the Immigration Court (defensive asylum).
- The application is initially made with the Asylum Office if the applicant has not already been placed in removal proceedings. If not in removal proceedings, an Asylum Officer will interview the application during an interview with the applicant and decide whether to grant the asylum. Asylum Officers will grant asylum or refer the case to an Immigration Judge for a final decision.
- If the applicant has been placed in removal (deportation) proceedings in Immigration Court, either through referral by the Asylum Officer or through the action of other government officers, an Immigration Judge will hear and decide the application for asylum and the removal case. If the applicant is denied asylum and is not eligible for any other relief from deportation, the Immigration Judge will order the removal from the United States.
A person granted asylum will be allowed to live and work in the United States and can apply for permanent resident status one year after the grant of asylum. Also, the person granted asylum can apply for immediate relatives to follow them to the United States within 2 years of the asylum grant on form I-730.
We represent individuals in asylum, withholding of removal and Convention Against Torture claims before the USCIS Asylum Office, the Immigration Court, and the Board of Immigration Appeals.
Need an Asylum Lawyer? Our Board Certified Immigration Attorneys Can Help!
If you believe you or someone you care about may qualify for asylum, withholding or deferral of removal contact us today. Suzanne Vazquez and Maud Poudat, are certified as experts in Immigration Law by the Florida Bar, and have helped many clients in the past and would be glad to help you too. Our legal team includes a Hispanic immigration attorney who also speaks Spanish and French. We can be reached during office hours at (407) 674-6968. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly.
