Asylum may be granted to people in the United States who are unable or unwilling to return to their home country because of a well-founded fear of persecution.




Membership in a particular social group

Political opinion.

Also, if you do not meet one of the exceptions for filing within one year, you may still be eligible to file for withholding of removal, which does not contain a deadline to file.

You may apply for asylum regardless of your immigration status, meaning that you may apply even if you are living undocumented in the United States. If you feel you are victim of persecution in your home country, contact the law office of Murray & Silva, P.A. for a consultation on whether it is in your best interest to file an application for asylum or withholding of removal.

Affirmative Asylum

The United States Citizenship and Immigration Services (USCIS) provides a guide to affirmative asylum that gives five steps for the application process. Below is a summary of this list.

1. Filing asylum using Form I-589, the application for Asylum and for Withholding of Removal.

2. After you submit your application you will receive a date to have your fingerprints taken by USCIS.

3. You will then receive a letter asking you to come in for an interview at an Asylum office near you. Based on current backlogs, the wait for your interview can take several years. When you go to your asylum interview you will need to bring any dependents that are included on your application. You should also bring an Miami immigration lawyer with you to the interview.

4. The Asylum officer review your application and statements to determine if you are eligible for asylum in the United States and don’t have any other conditions that may bar you from claiming asylum.

Defensive Asylum

Defensive asylum proceedings refer to the filing of an asylum application after one is placed into deportation proceedings.

You can request asylum if being deported would pose a serious risk of harm or death to you. Unlike affirmative asylum where you file your application with USCIS, defensive asylum proceedings take place in immigration court. It is highly recommended that you retain an experienced immigration attorney for the entirety of proceedings.


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