Who Qualifies for Asylum?
American immigration law allows persons from other countries to obtain temporary or permanent residence in the United States if they can prove that they are “refugees.” A refugee is a person who is fleeing his/her home country because of a well-founded fear of death or serious injury if he/she were to remain there. The reason for persecution has to fall into one of these five categories:
- Political opinion;
- Nationality; or
- Membership in a particular social group
When Should You Apply?
Generally, to qualify to asylum, you must apply within one year of entering the United States. “Changed” or “extraordinary” circumstances qualify as exceptions to the 1-year rule. You may apply for asylum when you arrive on American soil, even if your entry was illegal. You may also apply while living in your home country or another country.
We Will Help You Understand the Process
The asylum application process is complex and requires strong evidence for the case to be successful. We will explain the entire asylum process to you. When you are fleeing from your home country, you may not be able to gather all the evidence that you need to prove your case. We will assist in gathering the documents from your home country, file your asylum application prepare you for an interview or court testimony and stand with you every step of the way.
Will I be Able to Work?
As of August 25, 2020, you may apply for a Employment Authorization Document (EAD) commonly known as a “work permit” if your case has been pending for 365 days or more with no initial decision on the application.
It is important for you to be able to work while the application is under review, as it could be months or years before the asylum office or immigration court make a final decision. You will be able to provide for yourself and your family during this lengthy process.
If you win your case, you do not need a “work permit” because your social security card, which you will present to your employer, will not have any employment restrictions.
Family Members and the Asylum Application
Your immediate family members, which is your unmarried children under 21 years old and your spouse, can be included on the asylum application and be given asylum status at the same time as yourself, if they are in the United States. If they are in another country, you must petition for them within 2 years of winning your case.
You will however have to wait until you receive your green card or United States citizenship to petition for other family members such as your parents, siblings, and your adult married or unmarried children.
Florida Asylum Lawyer Serving All Florida Counties and the Entire United States
Asylum applicants can benefit from expertise and compassionate representation from the Fletcher Law Office. We pride ourselves on our ability to listen well to our clients’ stories and present their best cases. With this approach, we have had hundreds of successful applications for our asylum clients. Feel free to reach out to us for personal attention on your case, by calling 561-507-5772 or by using our contact form.