Asylum & Refugee Attorneys

Understanding Asylum and Refugee in the United States

Sometimes, an individual must leave their home country because of reasons that threaten their welfare, future, and even their lives and liberties. The American immigration authorities recognize these dire circumstances and have established requirements and procedures to provide protection to those who qualify. The process of seeking asylum or refugee status is complex, requiring a deep understanding of the legal framework in place.

A Relentless Fight For The Rights Of Asylum Seekers And Refugees

Our mission at Garcia & Qayum Law Group, P.A., is to help every migrant understand their rights clearly and assist them in making informed decisions. Our attorneys know that you have been through difficult experiences, and they are ready to listen to your story, gather strong evidence, and prepare a compelling case on your behalf. Additionally, our team regularly collaborates with individuals at the South Florida Krome or Broward Transitional Center (BTC) when facing deportation procedures.

Difference Between Asylum And Refuge Status

Asylum seekers and refugees share common circumstances: they both leave their home countries due to fears of persecution. However, there is a legal distinction between the two statuses.

• Asylum: This is granted to individuals who are already in the U.S. or have arrived at a U.S. port of entry and are seeking protection from persecution due to their race, religion, political opinion, membership in a particular social group, or nationality.
• Refugee Status: This applies to individuals who are outside the U.S. and seek protection under similar grounds. Refugees typically apply for protection through international organizations, such as the United Nations High Commissioner for Refugees (UNHCR), before being granted entry into the U.S.

Important Aspects Of Asylum

There are two primary types of asylum cases in the U.S., and the process varies depending on how an individual files their claim.

Affirmative Asylum Process

For individuals who are not in removal proceedings, the affirmative asylum process allows them to apply for asylum voluntarily. Applicants must:

• File Form I-589 (Application for Asylum and for Withholding of Removal) within one year of their arrival in the U.S.
• Include their spouse and children (if unmarried and under 21) in the application.
• Undergo an interview with a U.S. Citizenship and Immigration Services (USCIS) asylum officer.

If their application is denied and they do not have legal status in the U.S., the case is referred to an immigration court for further review.

Defensive Asylum Process

The defensive asylum process occurs when an individual requests asylum while facing removal proceedings before an immigration judge. This may happen under the following circumstances:

• They were detained at the border for attempting to enter without proper documentation.
• Their affirmative asylum application was denied, and they were placed in removal proceedings.

Asylum seekers in defensive proceedings must present their case in front of an immigration judge, who will determine whether they qualify for asylum or other forms of relief from deportation.

Rights of Asylum Seekers

Regardless of their status, asylum seekers have fundamental rights, including:

• The Right to Legal Representation: While the U.S. government does not provide free attorneys, individuals have the right to hire legal counsel to represent them in their case.
• The Right to a Fair Hearing: Asylum seekers are entitled to present evidence, call witnesses, and appeal unfavorable decisions.
• Protection Against Forced Return: Under U.S. law and international treaties, asylum seekers cannot be deported to a country where they may face persecution or torture.

Work Authorization for Asylum Seekers

Individuals who have applied for asylum may be eligible for a work permit. They can apply for an Employment Authorization Document (EAD) if:

• They have waited 150 days since filing Form I-589.
• Their asylum application has not been denied within 180 days of filing.

This allows asylum seekers to support themselves and their families while their case is under review.

When Does The Refugee Status Apply?

Unlike asylum seekers, refugees do not need to be physically present in the U.S. to apply for protection. They often flee their home countries due to:

• Persecution based on race, religion, political opinion, nationality, or membership in a social group.
• War and armed conflict.
• Natural disasters and severe human rights violations.

Rights and Benefits of Refugees

Once admitted to the U.S., refugees can:

• Apply for a work permit by filing Form I-765 to obtain an EAD.
• Include their spouse and unmarried children under 21 by filing Form I-730 within two years of arrival.
• Apply for a green card after one year of residence in the U.S.

Eligibility Criteria for Asylum Seekers and Refugees

To qualify for asylum or refugee status, individuals must demonstrate:

• A credible fear of persecution due to one of the five protected grounds (race, religion, nationality, political opinion, or membership in a particular social group).
• The inability or unwillingness to return to their home country because of this persecution.
• That they have not engaged in activities that would disqualify them, such as serious criminal offenses or terrorism-related actions.

Challenges Faced by Asylum Seekers and Refugees

Seeking asylum is not an easy journey. Some of the major challenges include:

• Lengthy Processing Times: Due to the high volume of cases, asylum applications can take months or even years to process.
• Burden of Proof: Asylum seekers must provide compelling evidence that they are at risk of persecution.
• Detention and Deportation Risks: Individuals apprehended at the border or denied asylum may be placed in detention facilities while their case is processed.
• Limited Access to Legal Resources: Many asylum seekers struggle to find affordable legal representation, making it harder to present a strong case.

How Garcia & Qayum Law Group, P.A., Can Help

Our Florida asylum & refugee attorneys understand the complexities of U.S. immigration law and are dedicated to helping asylum seekers and refugees navigate the legal system. When you seek our assistance, we will:

• Evaluate Your Case: During an initial consultation, we will assess the strength of your asylum claim and explore potential legal options.
• Prepare Strong Legal Arguments: We will provide a solid strategy and arguments to present to the immigration authorities.
• Represent You in Court: If necessary, we will advocate on your behalf before an immigration judge to fight for your right to remain in the U.S.
• Assist with Work Authorization and Green Card Applications: Our team will help you apply for the necessary permits and adjust your status when eligible.

Contact Asylum & Refugee Attorneys You Can Trust

If you or a loved one is seeking asylum or refugee status, do not navigate this process alone. Our lawyers at Garcia & Qayum Law Group, P.A., are committed to helping individuals find safety and security in the U.S. Our asylum & refugee lawyers proudly serve clients in all of United States.

Call us at 305-676-0048, or contact us online using our secure and confidential contact form. Our team serve clients throughout the United States, including, Florida, Fort Lauderdale, Miami, Dade County, and Broward County. Hablamos español.