Eligibility for Asylum

Foreign nationals must meet specific criteria to be eligible for asylum in the United States. Here are some key points to consider:

1. Location Matters: An asylum seeker must be at a port of entry to the United States.

2. Application Required: Within one year of arrival in the United States, an asylum seeker must submit an application for asylum to either the United States Citizenship and Immigration Service (USCIS) or the Executive Office of Immigration Review (EOIR). The assistance of a Florida asylum attorney can be valuable in completing the application process. Do not hesitate to contact us today.

3. Refugee Status & Persecution: To qualify for asylum, individuals must demonstrate that they meet the refugee definition under United States law. They must also show evidence of either past persecution or a well-founded fear of persecution if they were to return to their home country. Mere fear alone does not meet these criteria. Persecution must be shown to be caused by race, religion, nationality, political opinion, and/or membership in a particular social group. Proving persecution can be challenging as it requires factual evidence of suffering or harm. Severe threats to life or freedom, such as torture, imprisonment, or interference with family, are often considered forms of persecution. It is vital to establish a pattern of persecution against individuals who share the same beliefs or characteristics as the asylum seeker, regardless of their specific location within the country they wish to leave.

Forms of Asylum & the Application Process

There are two application processes for asylum seekers in the United States: affirmative asylum and defensive asylum.

1. Affirmative Asylum: This process is applicable when the applicant is not in removal proceedings. The applicant can apply for asylum with the U.S. Citizenship and Immigration Services (USCIS), a Department of Homeland Security (DHS) division. The applicant must complete the required forms and attend an interview at the local USCIS office. If the application is unsuccessful, the applicant will be referred to removal proceedings. They can reapply for asylum through the defensive asylum process at that stage.

2. Defensive Asylum: This process is utilized when the applicant is in removal proceedings, defending themselves against deportation. Although the same forms are required as in the affirmative asylum application, the application is submitted directly to an immigration judge. If the application is accepted, a hearing is scheduled. During the hearing, the applicant must present evidence, witnesses, and personal testimony to support their case and defend against deportation.

Consult with an Experienced Florida Asylum Attorney at Victoria Law

Victoria Law is available to assist individuals needing a Florida asylum lawyer. Contact us today for your free your case review, no obligation.