A Relentless Fight For The Rights Of Asylum Seekers And Refugees

Sometimes, an individual must leave their home country because of reasons that are threatening their welfare, their future, and even their lives and liberties. The American immigration authorities know this and have set requirements and rules to accept people into the U.S. and give them the tools to start anew.

Our mission at Garcia & Qayum Law Group, P.A., is helping every migrant understand their rights clearly and assisting them in making informed decisions. Our attorneys know that you have been through many things, and they will be ready to listen to your situation and prepare a compelling case. In addition, they regularly collaborate with individuals at the South Florida Krome or Broward Transitional Center (BTC) when facing deportation procedures.

Difference Between Asylum And Refuge

Asylum refers to an individual who arrived in the U.S. for fear of persecution and is seeking protection due to their race, religion, political opinion, membership in a social group or nationality. Additionally, the individual must be a foreign national.

Important Aspects Of Asylum

There are two types of asylum, each of which is triggered depending on the circumstances:

  • Affirmative asylum: Candidates should fill out Form I-589 during the first year from the date of arrival to the U.S. Individuals may include their spouse and children in their application.
  • Defensive asylum: This can be granted when individuals have been denied affirmative asylum or have been detained at the border while crossing onto American soil without proper documentation.

Whichever is the case, it is essential to remember that detainees and asylum seekers have rights. One of them is the right to counsel.

In addition, individuals may apply for a work permit 150 days after submitting Form I-589. The expectation is to get this work permit 180 days after submitting such a form.

When Does The Refugee Status Apply?

Refugees do not have to be physically in the U.S. and may not even have a specific country in which to settle. Individuals seeking refugee status may attempt to flee their home country because of persecution (due to the same five reasons as asylum), natural disasters, armed conflicts or severe violations of their human rights.

Individuals admitted as refugees can work in the U.S. Upon their arrival, foreign nationals can fill out Form I-765 and obtain an Employment Authorization Document (EAD). Spouses and single children under age 21 may join the refugee by filing Form I-730. Refugees should apply for a green card upon one year of arrival.

Eligibility Criteria For Potential Refugees And Asylum Seekers

Individuals may be eligible if:

  • They cannot return or are not willing to return to their home country because of past persecution and potential future persecution, should they come back.
  • The persecution occurred based on the five mentioned reasons regarding race, religion, political opinion and other legal grounds.

It is vital to understand whether you have a strong candidate. This is where our lawyers at Garcia & Qayum Law Group, P.A., can assist you. In an initial consultation, they will strive to provide clarity on your case and options. Their next step will be to provide a solid strategy and arguments to present to the immigration authorities. At our firm, your case is our case; your welfare is our welfare.

Contact Attorneys You Can Trust

Our lawyers are proud to help asylum seekers and refugees find peace. Reach our office at 305-676-0048, or contact us online using our secure and confidential contact form. Our team is proud to serve clients from Fort Lauderdale as well as Dade and Broward counties. Hablamos español.