IMMIGRATION ASYLUM – FORT LAUDERDALE / MIAMI
Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
Race • Religion • Nationality • Social Group Membership • Political Opinion or Affiliation.
If you are eligible for asylum you may be permitted to remain in the United States. To apply for Asylum, file a Form I-589, Application for Asylum and for withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum. Some individuals choose to process their application on their own. I do not encourage this since there is a standard in the explanations that need to be met.
The legal argument and its research may be outside of the individual’s learned capacity. It is always in your best interest to have an experienced attorney who practices immigration law to assist you in preparing and filing your asylum application. All applications must be accompanied by evidence supporting your claim, (affidavits, police reports, articles, pictures, videos, ect.).
Asylum applications denied by United States Immigration Citizenship Services (USCIS) are reviewed by the Immigration Court. Your application can be reviewed De Novo. De Novo means that you can submit new evidence not previously submitted to USCIS, for the immigration Judge to consider.
You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, they must be under 21 and unmarried.
IMMIGRATION ASYLUM CONDITIONS
PERMISSION TO WORK IN THE U.S.
You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum.
You may apply for employment authorization if:
- 150 days have passed since you filed your complete asylum application, excluding any other delays caused by you (such as a request to reschedule your interview)
- If you are granted asylum you may work immediately. Some asylees choose to obtain
Employment Authorization Documents (EADs) for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee. To apply for proper employment authorization, you must file an immigration form that Attorney Gabriel Carrera can assist you with. There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum. Attorney Carrera will however require a reasonable payment for processing the application for you.
BRINGING YOUR FAMILY TO THE U.S.
If you are granted asylum you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition. To include your child on your application, the child must be under 21 and unmarried.
You must file the petition within two years of being granted asylum unless there are humanitarian reasons to excuse this deadline. There is no fee to file this petition.
FILING FOR PERMANENT RESIDENCE (GREEN CARD)
You may apply for a green card one year after being granted asylum. To apply for a green card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case.