People often come to the United States seeking protection under our immigration laws because they have either suffered persecution or fear that they will suffer future persecution in their country. In order to qualify for asylum, one must show evidence of persecution or fear of persecution based on race, religion, nationality, political opinion, and/or membership in a particular social group.
This is a detailed and complex process that a Palm Bay asylum lawyer could help with. If you are eligible for asylum, you may be permitted to stay in the United States. If you are a refugee and are unable or unwilling to return to your home country, work with an experienced attorney to assist in maximizing your chances to benefit from this status.
Under federal law, the asylum program offers protection to individuals who have a reasonable fear of persecution in their home country based on their membership in a specific protected class. These include:
A person can face persecution in different ways, such as threats of violence, robbery, or extortion. Someone may also qualify for asylum if they face the use of coercive medical treatment due to their membership in the protected class. One of the most common forms of persecution is unfair and unjust targeting of criminal prosecution. This might include the use of disproportionate punishment after being convicted of a crime.
An attorney in Palm Bay could help ensure that the applicant’s rights are protected and that their case is presented as effectively as possible.
The timing of how a person applies is also important. Under the law, immigrants are required to apply for asylum after they enter the U.S. and within one year of their entry date. This process is known as affirmative asylum and directly with USCIS.
However, missing the one-year deadline does not close off every avenue for remaining in the U.S. if you fall under an exception. Many people also pursue defensive asylum, which is typically sought during immigration court proceedings. For example, filing for asylum can put a deportation hearing on hold pending case review. If it is granted, the removal case will be dropped entirely.
Applying for this status starts with a document known as Form I-589. The applicant must complete the form in its entirety and submit it along with supporting information to the federal government. At the same time, they are also allowed to seek protection for their spouse and unmarried children under the age of 21 through the same application. This option is not available to other family members, either by blood or marriage..
While anyone granted asylum is given the right to work in the United States, applicants whose case has been pending for a specific time can seek employment authorization independently due to the length of the process. A well-practiced Palm Bay attorney could provide support and clarity throughout the asylum application process.
Not every asylum claim will be granted by the federal government. Each case will depend on that person’s specific immigration status. For example, if a person pursues affirmative asylum as soon as they enter the country only to have their petition denied, they will likely face removal proceedings immediately. Similarly, if removal proceedings had been paused due to a defensive asylum claim, they could quickly resume once the claim is denied.
There are still options to fight back, even during deportation proceedings. A skilled asylum attorney in Palm Bay could help develop the strongest possible strategy.
The asylum system can provide answers for you and your loved ones, but the process is detailed, long, and difficult. Instead of navigating the process on your own, let a Palm Bay asylum lawyer help. Call Jag Law, PLLC, today to learn more.
