Asylum Protection in the United States: Find Safety and Security
Are you seeking protection from persecution in your home country?
At Marcano Legal, we help individuals and families apply for asylum in the United States. We understand how challenging the asylum process can be and we’re here to guide you every step of the way.
Based in Florida, we offer personalized legal services both locally and nationwide through virtual consultations.
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Schedule a consultation today to discuss your asylum application options with an experienced immigration lawyer.
Understanding Asylum Protection:
Asylum is a form of protection that allows individuals who have fled their home countries due to persecution or fear of persecution to remain safely in the United States.
If you’ve experienced persecution or have a well-founded fear of persecution based on your race, religion, nationality, membership in a particular social group, or political opinion, you may qualify for asylum protection.
What is Asylum Protection?
Asylum status provides you with legal protection in the United States, including:
- The right to live and work in the United States
- The ability to apply for a Social Security card
- The opportunity to petition for your spouse and children
- A path to lawful permanent residency (green card) and eventual U.S. citizenship
Key Steps in the Asylum Application Process:
- The process to obtain asylum protection involves several critical steps:
- File Form I-589 (Application for Asylum and for
- Withholding of Removal)’
- Attend biometrics appointment for background checks
- Complete an asylum interview or hearing
- Respond to any Requests for Evidence (RFEs)
- Receive a decision on your application
Our team at Marcano Legal will help you with each of these steps to ensure your application presents the strongest possible case.
Filing Form I-589:
Form I-589 is the foundation of your asylum claim. This detailed application requires you to document:
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- Your background information
- The circumstances that led you to seek asylum
- Evidence of the persecution you experienced or fear
- How this persecution relates to one of the five protected grounds
Eligibility for Asylum Protection:
To qualify for asylum, you generally need to:
- Be physically present in the United States
- Apply within one year of your arrival (with some exceptions)
- Meet the definition of a refugee
- Not be barred from asylum for specific reasons
We can help you determine if you’re eligible and address any potential complications in your case.
Contact our law firm today to start building your Asylum Protection Strategy.
Seeking asylum is a significant step toward safety and security. At Marcano Legal, we’re here to make this complex process more manageable for you.
Types of Asylum Applications:
There are two primary ways to apply for asylum, depending on your circumstances:
Affirmative Asylum: Filed by individuals who are not in removal proceedings and proactively seek protection.
Defensive Asylum: Raised as a defense against removal for those who are in removal proceedings.
Our experienced attorneys can guide you through either process.
Common Challenges in Asylum Cases:
Many asylum seekers face significant challenges when seeking protection:
- Meeting the one-year filing deadline
- Gathering sufficient evidence of persecution
- Establishing the connection between persecution and protected grounds
- Preparing for detailed questioning about traumatic experiences
- Navigating changing asylum policies and procedures
The Asylum Interview and Hearing Process:
Most asylum seekers must participate in an interview or hearing as part of the application process. Here’s what to expect:
- You’ll be questioned about your experiences and fear of persecution
- The officer or judge will assess your credibility and consistency
- You’ll need to explain how your experience relates to protected grounds
- The interview or hearing typically lasts several hours
- You have the right to have an attorney present
We’ll help you prepare thoroughly for this critical part of the process so you feel confident and ready.
Frequently Asked Questions About Family Petitions for Children
Yes, you can apply for work authorization (Form I-765) 365 days after filing your complete asylum application, as long as there are no applicant-caused delays. Once approved, you’ll receive an Employment Authorization Document allowing you to legally work while awaiting your decision.
The timeline varies significantly. Affirmative asylum cases may receive an interview within 45 days for expedited cases, but typically take 6 months to 2+ years. Defensive asylum cases in immigration court often take 2-5 years due to backlogs. We can provide a more specific estimate based on your circumstances.
Strong cases require evidence documenting persecution, including:
- Your detailed personal statement
- Identity documents
- Country condition reports
- News articles about relevant events
- Medical/psychological evaluations
- Witness statements
- Police reports from your home country
- Photographs of injuries or property damage
- Threatening communications received
Yes. Your spouse and unmarried children under 21 in the U.S. can be included as “derivative asylees.” If family members remain abroad, you can petition to bring them after approval by filing Form I-730 within two years.
For affirmative asylum: If you have legal status, you can remain until it expires. Without status, you’ll enter removal proceedings where you can renew your claim.
For defensive asylum: The judge will order removal, but you can appeal to the Board of Immigration Appeals within 30 days. Other forms of relief may still be available, such as Withholding of Removal or protection under the Convention Against Torture.
Why Choose Marcano Legal for Your Asylum Case?
Navigating the asylum application process requires specialized knowledge and attention to detail. Marcano Legal offers focused and thoughtful assistance to ensure your asylum claim is handled effectively:
- Case Assessment: We evaluate your specific situation individually, determining eligibility and developing strategies tailored to the unique aspects of your asylum claim.
- Evidence Development: Our team meticulously collects and organizes compelling documentation to substantiate your well-founded fear of persecution.
- Application Preparation: We provide comprehensive support throughout the entire asylum process, from properly completing Form I-589 to preparing for interviews or hearings.
- Government Agency Representation: We handle communications with USCIS or the Immigration Court, ensuring all responses to inquiries and requests are timely and accurate.
- Interview/Hearing Preparation: We equip you with the knowledge and confidence needed for your asylum interview or court hearing, including practicing likely questions and addressing potential challenges.
Choose Marcano Legal for detailed assistance that prioritizes your safety and protection needs, helping you navigate this critical process with clarity and confidence.
Virtual Consultation: Begin the process of reuniting your family in the United States.
Contact us today to set up a virtual meeting and learn how we can help with your asylum application. Our team is prepared to guide you through every step, ensuring that your case is handled with care and professionalism.
Disclaimer: This website contains general information for educational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a formal agreement is signed. Past results do not predict future outcomes. Each case depends on its specific facts and circumstances.