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Asylum and refugee decisions are made under legal standards that require you to have a well-founded fear or history of persecution. Asylum relief can be life-changing because it allows you to stay in the United States and, over time, you can apply for lawful permanent residence and citizenship. If you need to obtain asylum, you should call Lupe Lafont. Ms. Lafont is a seasoned Miami immigration law attorney who may be able to help you seek protection and represent you in related legal matters such as work authorization. You may be eligible to apply for work authorization 365 days after you file an asylum petition.
Asylum is a form of protection provided by the United States government when a foreign national has entered the country and has a well-founded fear of persecution. Your asylum petition can be affirmative or defensive. You can file an affirmative application with U.S. Citizenship and Immigration Services (USCIS) if you’re not in removal proceedings. A defensive application is one we’d file for you if you were already in removal proceedings. As your Miami lawyer for these proceedings, Ms. Lafont would need to establish you’re entitled to asylum protection under the law and meet other eligibility requirements.
You can seek asylum if you’re outside your country of nationality, and you are unable or unwilling to go back to that country because of persecution or a well-founded fear of persecution due to:
You may apply for asylum if you’re physically present in a country or you come into the country whether or not at a designated port of arrival. You can seek asylum after being interdicted in United States or international waters, regardless of your status.
In order to obtain asylum on your behalf in Coral Gables, Ms. Lafont would need to file a Form I-589, Application for Asylum and for Withholding of Asylum, within a year of your entry into the country, unless you delay. There is no fee to apply for asylum. You may include your child and your spouse who are in the country on your application at the time you file or any time until a final decision is made in your case. In order to include your child on an application, he or she needs to be under age 21 and not married.
Our Miami lawyer won’t be able to get asylum through the immigration system if the Attorney General decides you can be removed under a bilateral or multilateral agreement to a country in which your life or freedom wouldn’t be threatened due to religion, nationality, race, political opinion or social group and where you’d have access to a fair and full procedure for determining a claim for protection. An exception exists if the Attorney General decides it is in the public interest for you to receive asylum in the United States.
If you do not qualify for asylum, our diligent Miami immigration lawyer will examine whether withholding of removal would be appropriate. Both applications, if granted, stop removal. For withholding of removal, we’ll need to show it’s “more likely than not” your life or freedom would be threatened due to religion, race, membership in a specific social group, political opinion, or religion. In contrast, asylum requires us to prove there’s a “reasonable possibility of persecution” in the country of removal and this is a lower standard that’s easier to establish, but usually there’s a narrower window within which to pursue.
If you are afraid of being returned to your country due to past future or threats of torture, we may be able to apply for protection under the Convention Against Torture. Torture refers to any act in which severe pain or suffering whether mental or physical is intentionally inflicted on someone for such purposes as getting from him or a third person: 1) information or a confession, 2) penalizing or intimidating or coercing him or a third person or discriminatory reasons, 3) when the pain or suffering is inflicted by or at the instigation of a public official. It doesn’t include pain or suffering that arises from, is integral to or incidental to lawful sanctions.
Asylum is an important protection. You should seek counsel within a year of coming to the country if you are in fear of persecution in your home country. If asylum is not the appropriate remedy, we can Lupe Lafont is a dedicated Venezuelan asylum attorney who may be able to petition on your behalf and ask for alternative protections as appropriate. Contact Ms. Lafont via her online form or at (305) 439-0604.
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