Asylum Based Immigration Lawyers Miami, FL
Any alien who is physically present in the United States regardless of their immigration status may apply for asylum. The Attorney General or Secretary of Homeland Security may grant asylum to an alien who has proven that they are a refugee under INA § 101(a)(42)(A). This section provides that a refugee is any person who is outside any country of their nationality or unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant in their home country.
The standard of persecution encompasses a large range of acts. For instance, infliction of harm or suffering by the government or people acting on the government’s behalf based on one of the previously mentioned reasons constitutes as persecution. If the asylum application is based on fear of future persecution, the fear must be subjectively real and objectively reasonable. The threat must be country-wide for the applicant to be given asylum within the United States. If the person can return to another part of the country without fear of persecution they will not be granted asylum. Similarly, if the person can return to a safe third country in which their life or freedom would not be threatened then asylum may not apply to them.
For an asylum application to be considered the person must demonstrate by clear and convincing evidence that the application was filed within one year after the date of their arrival to the United States. Applications for asylum will not be approved if the person previously applied for asylum and was denied. However, there is a changed circumstances exception that would override these two requirements. The application may be considered, notwithstanding the time limit and previous asylum application, if the applicant can demonstrate that there has been a change in circumstances that materially affect their eligibility for asylum or extraordinary circumstances relating to the delay in filing the application.
If asylum is granted the person may remain in the United States with valid status. They may apply for adjustment of status to permanent resident after living in the U.S. for one year after the date of the grant of asylum. The waiting period for the adjustment of status may take a few years due to a yearly limit on the number of people who can become permanent residents based on a grant of asylum.
Contact our South Florida Exceptional Circumstances Immigration Attorneys
Contact our Miami employment based visa attorneys at 305-222-7351, toll free at 1-844-VARI-LAW, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County immigration questions and issues.
Our Miami Immigration lawyers accept immigration law cases in Miami-Dade County, Broward County and Monroe County.
Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.