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Seeking Asylum or Refugee Status in Florida
U.S. immigration law allows certain eligible foreign nationals who have suffered or fear persecution in their home countries to gain protection and a legal immigration status by applying for asylum or refugee status.
If you can demonstrate that you will be persecuted in the future based on any of the approved reasons (including religion, political opinion, race, nationality, or membership in a social group), you may have an opportunity to obtain protection by seeking asylum in the United States.. Our Tampa asylum attorneys at Brown Immigration Law can discuss your situation, available options, and what we can do to help during a consultation.
Call (813) 791-7535 or contact us online to learn more about applying for refugee/asylum status in Tampa. Brown Immigration Law serves clients across Hillsborough County, the state of Florida, and beyond from multiple office locations.
Providing immigration solutions in Ohio, North Carolina, and Florida. Contact us today for a personalized consultation.
What Are Asylum and Refugee Status?
Asylum and refugee status are forms of protection granted to individuals who have fled their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
These protections are designed to safeguard individuals from being returned to countries where their lives or freedoms are at risk.
Who Is Eligible for Asylum Status?
To be eligible for asylum in the United States, you must meet the following criteria:
- You are physically present in the United States.
- You have suffered past persecution and/or you have a well-founded fear of persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion.
- You are not barred from asylum due to previous immigration violations, criminal activity, or other disqualifying factors.
As of January 20, 2025, executive orders heavily restricted asylum access at the US-Mexico border, including via the CBP One app and categorical parole programs. A federal judge has temporarily blocked the implementation of the asylum ban, but the current Administration is appealing this decision.
Additional Changes to Asylum Law in 2025
New fees for asylum seekers took effect on August 1, 2025. There is now a $100 fee to submit an asylum application, along with an annual $100 fee for each year the case remains active. Additional costs now apply for work permits: first-time employment authorization applications for asylum seekers are $550, whereas no fee was charged prior to 2025.
What Is the Asylum Application Process?
The asylum application process involves several steps:
- Filing the Application: Submit your application within one year of your last arrival in the United States.
- Biometric Services Appointment: Attend a biometric services appointment for fingerprinting and background checks.
- Asylum Interview: Participate in an interview with a U.S. Citizenship and Immigration Services (USCIS) asylum officer, where you will present your case and evidence.
- Decision: Receive a decision from USCIS. If your application is approved, you will be granted asylum. If not, you may be referred to an immigration judge for further review.
Affirmative vs. Defensive Asylum Processes
To apply for asylum, you must already be physically present in the United States. If you are not in removal proceedings, you may seek affirmative asylum through U.S. Citizenship and Immigration Services (USCIS). This process involves gathering documentation and attending an interview with an asylum officer, who will determine whether you have a “credible fear” of persecution or torture if returned to your home country. Applicants who pass the credible fear screening may also be considered for protection under the Convention Against Torture (CAT) in a second step known as the Asylum Merits Interview.
In reality, many refugees arrive in Florida without legal entry. They may be escaping civil war, political unrest, natural disasters, or targeted violence, and must still navigate the asylum process. Failing to appear at Tampa immigration court for a scheduled hearing can result in deportation; appearing may carry its own risks, including detention by ICE agents. Florida ICE arrests have more than doubled over the past year under Governor Ron DeSantis, with an average of 64 immigration arrests per day — up from 20 in 2024. The recent Operation Tidal Wave marked the largest week of criminal immigration arrests in state history, including many individuals with no criminal records.
In such situations, defensive asylum may be an important legal option. Defensive asylum is requested during removal proceedings and is heard before an immigration judge rather than USCIS. If granted, it allows you to live and work in the United States indefinitely, with the same protections as affirmative asylum.
In both affirmative and defensive asylum cases, you have the right to be represented by an immigration attorney. However, unlike in criminal court, the state of Florida does not provide legal counsel in immigration proceedings.
Is the Government Required to Notify Asylum Applicants?
Yes, the government is required to notify asylum applicants of the decision on their application. If the initial application is denied, applicants are typically referred to an immigration court for removal proceedings, where they can continue to argue their case for asylum before an immigration judge.
Withholding of Removal
Withholding of removal is a form of protection for individuals who may not meet the criteria for asylum but can demonstrate that their life or freedom would be threatened if returned to their home country. This protection prevents deportation but does not offer the same benefits as asylum, such as a pathway to permanent residency. In these cases, you must demonstrate there is more than a 50% chance that you will be persecuted if you were to return.
What Happens After Asylum Approval?
If you are granted asylum in the United States, you become eligible for several important benefits:
- Family reunification: You may petition to bring your spouse and unmarried children under the age of 21 to the United States. This must generally be done within two years of receiving asylum, with exceptions for certain humanitarian delays. There is no application fee for family reunification in these cases.
- International travel: You may apply for a Refugee Travel Document (RTD). However, returning to your home country can trigger heightened scrutiny from Border Patrol and may be interpreted as evidence that you no longer fear persecution, potentially affecting your asylum status.
- Permanent residency: You may apply for a green card (lawful permanent resident status) one year after being granted asylum.
Who Is Eligible for Refugee Status?
Eligibility for refugee status generally includes:
- Being located outside of your home country and the United States.
- Meeting the definition of a refugee as defined by the U.S. government, which aligns with international standards.
- Being referred to the U.S. Refugee Admissions Program by the UNHCR, a U.S. Embassy, or certain non-governmental organizations.
On January 20, 2025, President Trump signed an executive order suspending the U.S. Refugee Admissions Program (USRAP), halting all new refugee entries starting January 27, 2025, and stopping decisions on pending applications. The order mandates a 90‑day review period, and periodic assessments thereafter, before the program may be resumed.
Refugees with approved and arranged travel plans before January 20 may still be permitted entry.
How Brown Immigration Law Can Help
At Brown Immigration Law, we understand the critical importance of obtaining asylum or refugee status for those fleeing persecution. Our experienced immigration attorneys in Tampa are committed to providing:
- Experienced Guidance: We help you understand your eligibility and the best course of action for your specific situation.
- Comprehensive Support: From preparing and submitting applications to representing you in interviews and court proceedings, we are with you every step of the way.
- Personalized Service: Every case is unique, and we tailor our approach to meet your individual needs and circumstances.
Do You Have an Asylum Lawyer Near Me?
Brown Immigration Law serves clients from our downtown office at 400 N. Ashley Drive, Suite #1900 — just steps from the Tampa Riverwalk and across from Curtis Hixon Waterfront Park. Whether you’re applying for asylum or facing removal proceedings, our team provides trusted legal guidance close to home. We maintain another office in Orlando and additional offices in Durham, NC, Columbus, OH, and Cleveland, OH.
Contact Our Immigration Attorneys in Tampa Today
The asylum and refugee process can be complex and high-stakes, but you do not have to face it alone. Brown Immigration Law provides experienced, personalized guidance in all aspects of asylum and refugee status applications. To learn more about our services and how we can help you, call (813) 791-7535 or contact us online to schedule a consultation. Proudly serving Florida, Ohio, North Carolina, and clients nationwide.
