Fort Lauderdale Asylum Lawyers

Help for Victims of Persecution in South Florida

If you left your country because you feared for your safety due to your race, religion, nationality, political opinion, or social group, one of our lawyers may be able to help you obtain asylum. Our goal is not just to help you stay in the U.S., but to make Florida your new home. We take immense pleasure in helping individuals all over the world find safety and solace in Fort Lauderdale. 

Ready to start your asylum application? Contact us today at (954) 866-7719 for a consultation with our experienced attorneys.

What Is Asylum?

A request for asylum is made to someone who is already in the United States. If you are granted asylum, you will be allowed to stay, and you will be able to apply for a green card in one year from the time you are granted asylum.

If You Are Not Granted Asylum

Applicants who have been in valid status on a U.S. visa or been placed in lawful derivative status (spouse or child of ex.), or are TPS or VEEP beneficiaries for at least one year before admission may apply for refugee status from within the U.S. Those who are not eligible to apply from the U.S. should apply at one of the international agencies. The Law Offices of Jaime A. Aird, P.A., have extensive experience with all aspects of refugee law. Our attorneys have successfully argued such cases and anticipate defending our clients against new asylum policy guidelines.

Our firm regularly appears before immigration judges throughout the U.S. Our extensive experience in the courtroom is invaluable, strengthening our ability to defend those we serve and protect your rights and your future

Benefits of Refugee Protection in The United States

If you are granted refugee status in the United States, you will be allowed to officially live and work in Florida and any other U.S. state without fear of deportation, and you will be eligible to apply for a green card within one year of being granted asylum. If you approve your asylum application, you can get permission to apply to work in the United States. You may also qualify for certain types of help. Apply to pay medical expenses, and in some states you can get assistance for your daily needs or help with your education. If you have been given asylum, you can petition the government to reunite you with your family. 

Understanding The Differences Between Asylum and Refugee Status

The primary difference between refugee status and asylum is the location where these protections are sought. Individuals who seek asylum have usually come to the United States for protection, and, once here, they are able to petition to become classified as an asylum seeker. By getting asylum in the US, you can legally move to this country, work at it, and be free from deportation.

In contrast, individuals classified as refugees sought protection while outside the United States. Individuals in this situation do not initially travel to the United States but are routed there by qualifying agencies. In other words, once you are granted asylum, you are referred to as an asylum seeker for the first year, and after a year you are called a refugee.

Asylum is generally sought by those who wish to flee a substantially distressing life and go directly to the United States, while refugee status is generally sought by those who wish to escape areas of conflict and those affected by an international instability that has caused them to flee their homeland. 

Eligibility Requirements for Asylum

To qualify for asylum in the United States, applicants must meet specific eligibility requirements. These include:

• Fear of Persecution: You must have a well-founded fear of persecution due to your race, religion, nationality, political opinion, or membership in a particular social group.
• Location: You must be physically present in the U.S. or at a U.S. port of entry. Asylum can only be requested from within the country.
• Time Limit: Generally, you must file for asylum within one year of arriving in the U.S. However, exceptions may apply if you can prove changed circumstances or extraordinary circumstances that prevented you from applying earlier.
• No Serious Criminal Activity: Applicants with a criminal history may be disqualified from asylum if their offenses are considered serious or if they pose a national security threat.

If you meet these basic criteria, you may be eligible for asylum, which can allow you to stay in the U.S. and eventually apply for a green card.

The Asylum Application Process

The asylum application process can be lengthy and complex, involving several key steps:

• Filing the Application (Form I-589): The first step is to complete the asylum application, which includes providing detailed information about your fear of persecution. You must submit the application within one year of your arrival unless exceptions apply.
• Biometrics Appointment: After submitting your application, you will attend a biometrics appointment to have your fingerprints and photograph taken for background checks.
• Asylum Interview: Once your application is reviewed, you will be scheduled for an asylum interview with an immigration officer. During this interview, you will explain why you are seeking asylum and provide evidence supporting your claim.
• Decision: After the interview, the immigration officer will decide whether to grant or deny your asylum request. If granted, you will be allowed to stay in the U.S. and can apply for a work permit.
• Hearing in Immigration Court: If your asylum application is not decided in your favor, you may be referred to an immigration court for a hearing where a judge will determine your eligibility for asylum.

Common Challenges in Asylum Cases

Asylum seekers often face several challenges during the application process:

• Proving Credibility: One of the biggest challenges is establishing the credibility of your story. Immigration authorities may scrutinize your testimony, requiring consistent, compelling evidence.
• Burden of Proof: The burden is on the applicant to prove they have a well-founded fear of persecution. This means providing substantial evidence such as personal testimony, witness statements, or country condition reports.
• Complex Documentation: Asylum applications often require a range of documents, including personal identification, travel history, and evidence of persecution. Gathering and presenting this documentation can be overwhelming, especially when dealing with language barriers or limited access to records.
• Delays and Backlogs: The asylum process can take months or even years, creating uncertainty for applicants. Delays may cause emotional and financial stress while waiting for a decision.

While these challenges can be significant, working with an experienced immigration attorney can improve your chances of overcoming them and securing asylum in the U.S.

Frequently Asked Questions About Asylum

• How long does it take to get a decision on my asylum application?
  The time it takes to receive a decision on your asylum application can vary greatly depending on your case, the workload of the immigration court, and the specific details of your situation. Typically, asylum applications can take anywhere from several months to a few years to be decided. Working with an attorney can help ensure your case is processed as efficiently as possible.
• Can I apply for asylum if I entered the U.S. without inspection?
  Yes, individuals who entered the U.S. without inspection (e.g., crossing the border without proper documents) can still apply for asylum. However, it may be more difficult to secure asylum in these cases, and the individual may need to go through additional steps, such as appearing before an immigration judge.
• What happens if my asylum application is denied?
  If your asylum application is denied, you will generally be referred to an immigration court hearing where you will have the opportunity to present your case before an immigration judge. If the judge denies your asylum request, you may be ordered to leave the U.S. However, you may have the option to appeal the decision or apply for other forms of relief.
• Can my family members apply for asylum with me?
  Yes, your spouse and children under 21 years old can be included in your asylum application as derivatives. This means they can also receive asylum status if you are granted asylum. In some cases, family members may be able to apply for asylum separately if they are not already in the U.S.
• What if I am afraid to return to my home country but don’t have all the evidence to prove it?
  While having strong evidence can help your case, you may still be granted asylum if you can provide a credible and detailed personal account of your fear of persecution. It is important to explain your situation thoroughly and provide as much supporting evidence as possible, such as witness testimony, news articles, or country condition reports. An experienced asylum attorney can assist in strengthening your case.
• Is there a way to speed up the asylum process?
  In certain circumstances, you may be able to request expedited processing of your asylum case, such as if you are facing a life-threatening situation in your home country. However, expedited processing is typically reserved for urgent cases. Your attorney can help determine whether this is an option for your specific situation.

Contact An Asylum Immigration Lawyer Today

The majority of our asylum as an immigration lawyer goes through the following basic processes for seeking political asylum. When you hear from us, we will discuss your options and help you understand where your particular situation is.

Have questions about your asylum case? Contact us at (954) 866-7719 for experienced guidance and support throughout your process.