Am I Eligible for Asylum?

If you are arriving in the United States or are already present in the country, you may be able to apply for asylum. In order to do so, you need to file Form I-589 Application for Asylum and Withholding of Removal with immigration attorneys. Individuals can file for asylum regardless of whether they are in the United States illegally or legally.

Generally speaking, it is necessary to apply for asylum within one year of your last arrival in the U.S. If you can establish that circumstances have changed that affect your eligibility to seek asylum or extraordinary circumstances that directly affected your ability to file for asylum within a year, this deadline may be extended.

How Will Immigration Authorities Determine Whether You are Eligible?

An Immigration Judge or Asylum Officer will be the party that makes the determine regarding your asylum eligibility. In order to be granted asylum, you must meet the definition of a refugee. Under U.S. immigration law, a refugee is a person outside of his or her country of nationality who is unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinions. This determination is based in large part on the information that you provide on your application. For this reason, it is absolutely critical to make sure that your application is accurate, complete, and makes your case for asylum in the most persuasive way possible.

Do I Need an Attorney to Apply for Asylum?

There is no rule requiring people who are seeking asylum to retain an attorney, but you have the right to be represented by counsel during your asylum interview. In many cases, the assistance of an attorney can make a significant difference in the way that your case is decided. There are many ways that an attorney can help you during the asylum process. Some of these include the following:

  • Help you collect and submit the required documentation
  • Assist you in preparing for your interview
  • Represent you during your interview
  • Appeal an adverse asylum determination to the Board of Immigration Appeals (BIA)

Whether or not you need an attorney depends on a variety of factors, including the complexity of your case and whether or not there may be anything in your past that could justify a denial of asylum. Fortunately, when you meet with an attorney for a free consultation, he or she will thoroughly review your case and determine whether legal representation will be necessary.

Call the Law Offices of Alex T. Barak, P.A. Today to Speak with a Skilled Immigration Attorney

If you believe that you may be eligible for asylum, you should speak with an experienced attorney as soon as possible. Alex T. Barak is a skilled Florida immigration attorney who is dedicated to helping people with issues related to immigration law resolve their cases as favorably as possible. To schedule a free consultation, call our office today at (954) 289-6298.