Asylum & Removal

Bradenton Asylum Lawyer

Speak with our Bradenton Asylum Lawyer to learn how asylum may be granted to anyone already in the United States who is unable or unwilling to return to his or her home country due to a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Applications must be filed within 12 months of entry into the United States, unless the applicant demonstrates either changed circumstances which materially affect eligibility for asylum, or extraordinary circumstances relating to the delay in filing.

An application for asylum is filed with USCIS, unless the alien has been placed in removal proceedings. If placed in removal proceedings, the application will be filed in Immigration Court. For residents of Central Florida, including, Bradenton, Tampa, and Orlando, the court will be in the Orlando Immigration Court unless the individual is detained by Immigration and Customs Enforcement. If detained, it is likely that the alien will be transported to Krome Processing Center in Miami, or to the Broward Transitional Center in Pompano Beach, Florida.

Failure to file within one year does not prevent the filing of an asylum application since other forms of relief may be available with the same application. Even if asylum cannot be granted due to the delay in filing, the applicant may request Withholding of Removal or Protection under the Convention Against Torture. While neither of these can result in eventual permanent residence, the alien is allowed to live and work, at least for the time being, in the United States.

If asylum is granted, an asylee may apply for a spouse and children immediately. Also, after one year, an application for adjustment of status to a green card may be filed after one year.For additional information about asylum, listen to your Bradenton Asylum Lawyer, Tom Goldman and Attorney Peter Loughlin at www.immigrationnewsradio.com.

Frequently Asked Questions About Asylum

Q:  Who is eligible to file for asylum?

A: Applications may be filed at a port of entry or with the USCIS or Immigration Court if the applicant is already in the United States.You do not have to be from any certain country, because anyone  can file. However, a large percentage of all asylum applications are from certain repressive societies. Not only Mexicans are coming across the Southern border. So many Haitians and others are appearing at the ports of entry that the US government is putting them up in hotels during the initial stage of the applications.

Q:  Is there a deadline for filing?

A:  Yes, you must file an asylum application within one year after arrival, unless you can show changed circumstances materially affecting your asylum eligibility or extraordinary circumstances relating to your delay in filing. In any event, you still have to file within a reasonable time.

Q:  How do I apply for asylum?

A:  Use Form I-589 to apply, even if you are filing late because the form will also be used for other immigration relief.

Q:  Will my husband/wife and children be covered by the same filing?

A: Yes, if you file on time and they are listed on the application. The children must be under age 21, unmarried and in the U.S.

Q: What if they are outside the U.S.?

A:  Your spouse and children under 21 may be brought to the US, if you file Form I-730 within 2 years of you being granted asylum.

Q: Do I need an attorney to file?

A: While you are not required to have an attorney, it is highly recommended. The asylum process is complex, and it is better to file correct documentation in the beginning than have to make changes and explain inconsistencies later.

Q:  Will I need an interpreter to talk to someone in the government about my application?

A:  If you are not in deportation (removal) proceedings, you need to furnish your own interpreter at the asylum interview before an asylum officer. However, if you are in proceedings before an immigration judge, the court will provide an interpreter.

To learn more, call our Bradenton Asylum Lawyer, Tom Goldman, at 941-773-1523 today!