Orlando Asylum & Refugee Lawyer

Legal Support Through the Asylum & Refugee Application Process

United States immigration law allows certain eligible individuals from foreign countries to gain protection and legal immigration status if they face persecution in their home country by applying for asylum or refugee status. An Orlando asylum attorney can guide you through this complex journey.

Individuals can apply for asylum or refugee status if they have a reasonable fear of persecution based on their:

• Religion
• Political Opinion
• Race
• Nationality
• Membership in a Social Group

If you can demonstrate that you will be persecuted in the future based on the above categories, you may have the opportunity to apply for protection with USCIS. Depending on your situation and circumstances, individuals can fall into several categories.

Our legal team at Brown Immigration Law is prepared to assist you through every stage, ensuring your application is comprehensive and timely. Utilizing our services can alleviate stress and enhance your understanding of the process, making it more manageable for you and your loved ones.

Who Is Eligible for Refugee Status?

Refugee status is a form of protection granted to individuals who:

• Are located outside of the United States
• Are of special humanitarian concern to the United States
• Demonstrate that they have a reasonable fear of persecution
• Are admissible to the United States

Refugees who have completed the refugee process and have lived in the United States for one year are required to apply for a green card. To be eligible for permanent residence, refugees must have been physically present in the U.S. for one year, have not had their refugee admission terminated, and have not already acquired permanent residence status. To apply for a green card as a refugee, applicants must file Form I-485 and supply supporting evidence.

Who Is Eligible for Asylum Status?

Unlike refugees, asylum seekers are already present in the United States because they have either suffered persecution or have a reasonable fear that they would suffer persecution in their country of origin. Applicants may also be granted asylum status if they can demonstrate that they would be subject to torture in their home country. An asylum lawyer in Orlando can provide necessary guidance during this process.

Every alien is eligible to apply for asylum or withholding in the U.S. on a protected constitutional or statutory basis if they can establish a well-founded fear of persecution. This protection permits petitioning the U.S. for political asylum. The protection interest is greater when applying for withholding than for asylum.

In order to be eligible for asylum status, individuals must:

• Meet the definition of refugee as stated above
• Already be present in the United States
• Seek admission at a port of entry

Applications for asylum protection can be filed regardless of a country of origin or current immigration status. If eligible, applicants must file Form I-589 within one year of arriving in the United States.

Congress has restricted applications for asylum that are submitted more than one year after arrival in the U.S., except if there are changed or extraordinary circumstances and if an asylum application was already denied.

With the help of our legal team, asylum seekers can quickly and correctly file for asylum. Our firm can also assist applicants with employment authorization issues, filing for permanent residence, and helping family members come to the United States.

What is the Asylum Application Process?

• Arrive in the U.S. – The individual must be physically present in the U.S. to apply for asylum.
• Application – Begin by filing Form I-589 and provide documentation that supports the need for asylum, such as medical records, police reports, and letters from family or friends who can confirm the claims.
• Notice from USCIS – Once the application is received, you will receive notice to acknowledge receipt of the application and a notice to visit the nearest center for fingerprinting.
• Interview – You will then need to schedule an interview with immigration officials to discuss your experiences and need for asylum.
• Decision – The asylum officer will make a decision to determine your eligibility for asylum. If approved, you may petition for your spouse and children to come to the U.S.

The asylum application process is not just a procedural requirement but a critical opportunity for applicants to present their circumstances compellingly and truthfully. Legal representation ensures that your story is accurately articulated, and crucially, that all necessary deadlines and requirements are met. It is important to understand the implications of each step and prepare adequately, particularly for the interview process, as this is a direct means to advocate for your safety and future in the United States. An experienced asylum lawyer in Orlando can guide you in presenting the most effective documentation and testimony possible to support your asylum application, reinforcing your claims and significantly strengthening your application.

Is the Government Required to Notify Asylum Applicants?

The U.S. government does not have to give per se notice of the right to apply for asylum. Generally, there is no due process violation in failing to inform the respondent of asylum, withholding, and CAT if there is no reason to believe they are eligible for relief.

Notice may be required if an individual expresses a fear of returning to their home country. Notice does not need to be given if the individual designates the country of deportation and no claim for withholding is known. There is no right to asylum itself, and there is no right to government assistance in completing an asylum application, even if there is a serious language barrier.

Withholding of Removal

In some cases, individuals who have been ordered to be removed from the United States can apply for a withholding of their removal status. When granted withholding, the order for an individual’s removal will be postponed because there is reasonable evidence that they will suffer persecution or torture in their home country. While withholding may be a less than ideal status, it can still be a beneficial option for applicants who have missed asylum filing deadlines. In some cases, permanent residence status can be granted through family-based immigration.

Legal Aid & Assistance from an Orlando Asylum Attorney

The fact that the United States provides victims of persecution with the opportunity to gain protection is part of what makes this diverse and accepting country so great. Although protection from persecution is extremely beneficial to those in need, it is not guaranteed. To gain these protected immigration statuses and future permanent residence, applicants must complete numerous forms and procedures within a specific amount of time. To ensure that protection from persecution is granted successfully, it is highly recommended that you seek legal representation and assistance from an experienced, knowledgeable, and effective Orlando asylum attorney from our legal team at Brown Immigration Law.

Our team is committed to standing by your side throughout the asylum application journey, offering personalized attention and leveraging our comprehensive understanding of immigration laws. We recognize that every client’s story is unique and requires a tailored approach to achieve the best outcome. Quick responses and strategic planning are vital, especially given the often time-sensitive nature of asylum applications. With our support, you will find a partner dedicated to advocating for your needs and rights, ensuring your voice is heard and your future in the United States is possible. Don’t face this complex journey alone—partner with Brown Immigration Law to navigate the challenges and build a new life with confidence.

Frequently Asked Questions About Asylum in Orlando

What Is the Difference Between Asylum and Refugee Status?

Asylum and refugee status both offer protection to individuals fleeing persecution, but they apply to people in different geographical situations. Asylum seekers are individuals who are already in the United States or are seeking admission at a port of entry because they fear persecution in their home country. In contrast, individuals seeking refugee status apply from outside the United States, typically referred through the United Nations or a U.S. embassy, before being considered for resettlement. Both statuses require demonstrating a credible fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group. Understanding these differences can help individuals choose the most applicable protection based on their circumstances and ensure a more appropriate and successful application process.

How Long Does the Asylum Process Take in Orlando?

The duration of the asylum process in Orlando can vary significantly, often ranging from several months to a few years. Initial applications require careful preparation of documentation and evidence, followed by submission to U.S. Citizenship and Immigration Services (USCIS). After receiving the application, applicants usually wait several weeks to months for biometrics appointments and interviews. Post-interview, the adjudication period can vary, depending on individual case complexities and USCIS processing times. Various factors such as workload, legal changes, or current events can influence these timelines. Engaging with an experienced asylum lawyer Orlando may expedite the process by ensuring thorough preparation and timely submission of applications. Legal guidance can also assist with any complications or delays during the process, aiming to achieve a favorable outcome more efficiently.

Can I Work While My Asylum Application Is Pending?

Applicants for asylum in the United States may apply for employment authorization once their asylum application has been pending for at least 180 days. This eligibility can be an essential aspect for many applicants needing to financially support themselves and their families during the waiting period. Filing the I-765 form for employment authorization requires careful attention to detail and adherence to timelines to avoid any potential delays or denials. Consulting with an immigration attorney can help navigate these requirements effectively, ensuring necessary documentation is provided and deadlines are met. Successfully obtaining employment authorization enables applicants to seek work legally, providing stability and security while their asylum application is being processed.

What Happens if My Asylum Application Is Denied?

If your asylum application is denied, it’s important to know that this isn’t the end of possible options. Denied applicants often have the right to appeal the decision before an immigration judge. During this stage, presenting additional evidence or demonstrating any procedural errors that occurred during the initial application can be crucial. Should the appeal result in a denial, further review opportunities may be available through the Board of Immigration Appeals or even federal court. In every step of the appeals process, the guidance of a knowledgeable immigration attorney can significantly enhance the likelihood of reaching a successful resolution. It’s vital not to lose hope and remember that multiple avenues exist to pursue legal status even after an initial denial.