Asylum Lawyer Miami
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You may apply for asylum regardless of your immigration status. Contact an experienced asylum lawyer Miami for consultation! Call (305) 895-2500!
The Role of the Asylum Attorney Miami
Asylum may be granted to people in the United States who are unable or unwilling to return to their home country because of a well-founded fear of persecution.
Persecution generally refers to serious threats or infliction of physical, psychological, or economic harm by an individual’s government (or by groups whom one’s government is either unwilling or unable to control).
You may apply for asylum regardless of your immigration status. In other words, you may apply even if you are living undocumented in the United States.
If you feel you are a victim of persecution in your home country, contact an experienced asylum attorney at The Law Office of Tatiane M. Silva, P.A. We can discuss the circumstances of your case and decide whether it’s in your best interest to file an application for asylum or withhold of removal.
Who Can Qualify for Asylum
In order to qualify for asylum, persecution must be on account of one or more of the following:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion.
For instance, political asylum offers protection to individuals in the United States who fear persecution in their home country due to their political opinions. This form of asylum underscores the U.S.’s commitment to safeguarding human rights, allowing those who have stood up for their beliefs, often at great personal risk, to find refuge. But, it’s crucial to determine whether your situation qualifies as persecution due to political opinion.
Understanding the Five Grounds for Asylum Protection
Race-Based Persecution involves discrimination or harm due to an individual’s actual or perceived racial characteristics. This includes ethnicity-based violence, systematic discrimination, or denial of fundamental rights based on race.
Religious Persecution protects those facing threats or harm for practicing their faith, converting to another religion, or even refusing religious participation. This covers both traditional and non-traditional belief systems where adherents face significant risks.
Nationality-Based Persecution extends beyond citizenship to include ethnic, linguistic, or cultural groups facing targeted discrimination. This protection applies when governments or uncontrolled groups persecute people based on their national identity.
Membership in a Particular Social Group encompasses individuals who share a common, immutable characteristic that defines them socially. This might include LGBTQ+ individuals, members of certain families, or those with specific professions who face persecution.
Each ground requires establishing a “nexus” – proving the persecution is specifically because of one of these protected characteristics, not just general violence or hardship in your home country.
Ordinarily, one qualifies for asylum only if they apply within one year of their arrival in the United States. However, there are exceptions to this one-year deadline, which may apply to your case. Also, if you do not meet one of the exceptions for filing within one year, you may still be eligible to file for withholding of removal, which does not contain a deadline to file.
WHAT IS AFFIRMATIVE ASYLUM
The United States Citizenship and Immigration Services (USCIS) provides a guide to affirmative asylum that gives five steps for the application process. Below is a summary of this list.
1. The first step to becoming an asylee begins with entering the United States. This can be sometimes difficult because of the potential for detention at the border and questions pertaining to your fear of return. This does provide you with an opportunity to file your asylum application directly at a border crossing after a credible fear of return has been established.
2. Filing asylum using Form I-589, the application for Asylum and for Withholding of Removal. This form is the first step in formally requesting asylum. The application accomplishes two things: it asks the U.S. government to allow you to remain in the U.S. while the application is pending, and it starts the asylum process.
3. Along with Form I-589, submit detailed documentation supporting your claim. For example, if you are seeking political asylum, that can include evidence of your political activities, membership in political groups, and any threats or harm you have faced.
4. After you submit your application you will receive a date to have your fingerprints taken by USCIS.
5. You will then receive a letter asking you to come in for an interview at an Asylum office near you. This interview is a critical component of the process, where you can personally convey your experiences and fears of returning to your home country. Based on current backlogs, the wait for your interview can take several years. When you go to your asylum interview you will need to bring any dependents that are included on your application. You should also consider attending an interview with a Miami immigration lawyer.
6. The Asylum officer will review your application and statements to determine if you are eligible for asylum in the United States and don’t have any other conditions that may bar you from claiming asylum. The decision on your asylum petition may take several months. During this period, it’s essential to stay in close contact with your attorney, who can provide updates and guidance on the next steps, depending on the outcome. The officer’s decision may be reviewed by the officer’s supervisory officer and at the asylum office. You may have to return to the asylum office to receive your decision, or the decision may be mailed to you.
The complexity of the asylum procedure makes it advisable to seek representation from an attorney experienced with asylum cases. They can navigate the legal intricacies and advocate on your behalf effectively.
WHAT IS DEFENSIVE ASYLUM
Defensive asylum proceedings refer to the filing of an asylum application after a person is placed into deportation proceedings.
You can request asylum if being deported would pose a serious risk of harm or death to you. Unlike affirmative asylum where you file your application with USCIS, defensive asylum proceedings take place in immigration court. It is highly recommended that you retain an experienced immigration attorney for the entire proceeding.
Our Asylum Lawyer in Miami Can Help
The first step to seeking asylum is entering the United States, either at a port of entry or by crossing the border. You must apply for asylum within one year upon arrival unless exceptions apply. The process starts by submitting Form I-589, the Application for Asylum and for Withholding of Removal.
Hiring an experienced asylum lawyer can significantly increase the chances of approval. Building a strong case showing that you fear persecution in your home country is crucial. After the initial interview with the USCIS, the agency will decide. If denied, applicants can still appeal or seek further review in immigration court.
Asylum protection can be life-changing because it allows those who meet eligibility requirements to stay in the United States. Over time, an asylum seeker may even apply for lawful permanent residence.
The team at The Law Office of Tatiane M. Silva, P.A. has experience handling a broad range of immigration matters, including asylum applications, removal defense, waivers, humanitarian relief, and family-based immigration cases. With multilingual professionals fluent in English, Spanish, Portuguese, and Haitian Creole, the firm is able to assist clients from diverse backgrounds throughout the immigration process.
Many members of the firm have personal or family immigration experiences that help them better understand the challenges immigrants may face when seeking protection in the United States. The team works closely with clients to prepare applications, gather supporting evidence, and navigate complex immigration procedures with care and attention to detail.
If you are seeking asylum, having an experienced asylum attorney can be beneficial to your case. An asylum lawyer at The Law Office of Tatiane M. Silva, P.A. may be able to represent you and seek the protection you need.
Contact us today, and let us discuss the options available to you.
Frequently Asked Questions (FAQs)
1. Who is eligible to apply for asylum in the United States?
To qualify, an individual must demonstrate a well-founded fear of persecution in their home country due to one or more of these five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. Asylum is available to persons already in the U.S. or at a port of entry, regardless of lawful status.
2. Is there a deadline for filing an asylum application?
For affirmative asylum, applicants generally must file Form I-589 (Application for Asylum and Withholding of Removal) within one year of their last arrival in the United States. Missing this one-year deadline can make the application ineligible unless there are exceptional circumstances.
3. What are the main steps in the asylum application process?
The affirmative asylum process typically follows these steps:
- File Form I-589 with USCIS.
- Attend a biometric appointment for fingerprints, photographs, and signature.
- Complete an asylum interview with a USCIS officer.
If placed in removal (defensive) proceedings, applicants may present their case before an immigration judge instead.
4. What happens if an asylum application is denied?
If USCIS denies your application in affirmative processing, your case may be referred to immigration court for a de novo hearing, which is a fresh review by an immigration judge. If the judge also denies the claim, you may face an order of removal, but you can potentially appeal to the Board of Immigration Appeals within strict time limits. During appeals, you may submit new evidence, such as affidavits, medical records, country conditions reports, and witness statements.
5. Can I be deported while my asylum case is pending?
If you are subject to removal proceedings, there is a risk of deportation during those legal processes, particularly after a denial. However, while your asylum application is pending with USCIS in the affirmative process, you are generally not subject to removal, though processing times may be lengthy. If you are placed in defensive proceedings, removal remains a possibility unless you obtain relief through the court process.
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