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Asylum provides protection for foreign nationals who qualify as refugees. According to the United Nations Refugee Agency (UNHCR), a refugee is someone who has fled war, violence, conflict, or persecution and has crossed an international border to seek safety in another country. Asylum seekers may apply upon arrival at the U.S. border or while already residing in the United States. Since seeking asylum is a complex legal process, it is highly advisable to have the support of a knowledgeable South Florida asylum lawyer.
To qualify for asylum in the United States, an applicant must meet specific legal criteria.
Location Requirement
An asylum seeker must be physically present at a U.S. port of entry or within the country.
Filing an Application
An application for asylum must be submitted to the U.S. Citizenship and Immigration Services (USCIS) or the Executive Office of Immigration Review (EOIR) within one year of the applicant’s arrival in the United States. A South Florida immigration attorney can assist with the application process to ensure it is completed accurately and on time.
The applicant must submit the necessary forms to USCIS, a division of the Department of Homeland Security (DHS). After filing, the applicant will be scheduled for an interview at a local USCIS office. If the asylum application is denied, the applicant may be referred to immigration court, where they can renew their request through the defensive asylum process.
The applicant submits the required forms directly to an immigration judge, and a hearing is scheduled. At the hearing, the applicant must present evidence, testimony, and witnesses to support their asylum claim.
To be granted asylum, an applicant must demonstrate that they meet the U.S. legal definition of a refugee. They must also provide credible evidence of either past persecution or a well-founded fear of future persecution in their home country.
A general fear of returning home is not sufficient. The persecution must be based on one of the following grounds:
Proving persecution can be challenging, as it requires strong factual evidence. Persecution is often defined as the infliction of significant harm or suffering, including serious threats to life or freedom.
Some examples of persecution include:
Additionally, the fear of persecution must apply throughout the applicant’s home country, not just in one region. The applicant must demonstrate that individuals who share their characteristics or beliefs face a pattern of persecution.
Removal proceedings occur before an immigration judge, who will determine whether a person without lawful immigration status may remain in the United States. Given the high stakes, it is essential to have an experienced South Florida asylum attorney representing you in these proceedings.
Many asylum applicants wish to work while waiting for a decision on their case. Once asylum is granted, the individual is permitted to live and work in the United States without restrictions.
However, for those with a pending asylum application, work authorization is subject to strict rules. Under current regulations, asylum applicants may apply for work authorization only after their application has been pending for at least 365 calendar days. Certain factors, such as criminal convictions or application delays caused by the applicant, may result in a denial of work authorization.
If you are seeking asylum in the United States, having an experienced attorney by your side can make all the difference. Contact Guerra Sáenz, PL for knowledgeable legal guidance. Call (954) 434-5800 to schedule a consultation today.
