Who Is Eligible for Asylum?
To qualify for asylum, you must meet specific legal requirements established by US immigration law.
You may be eligible if:
- You suffered persecution or have a well-founded fear of future persecution in your home country
- The persecution is based on protected grounds, including race, religion, nationality, political opinion, or membership in a social group
- You are physically present in the US (regardless of how you entered)
- You apply within one year of arriving in the US, or you qualify for an exception
- You have not firmly resettled in another country before coming to the US
- You do not have certain criminal convictions or security-related issues that would bar asylum
It is important to note that persecution can take many forms, including imprisonment, torture, domestic violence, and more. The harm must be serious, and isolated incidents of harassment typically don’t qualify.
The Asylum Application Process
Seeking asylum involves multiple steps and strict deadlines. The process differs depending on whether you're applying affirmatively or defensively. However, you generally have one year after arriving in the US to apply for either, so there is no time to waste.
Affirmative Asylum
If you're not in removal proceedings, you’ll apply affirmatively with USCIS:
- File Form I-589, Application for Asylum and for Withholding of Removal
- Submit supporting evidence, including your personal statement, country condition reports, expert declarations, and documentation of persecution
- Attend a biometrics appointment for fingerprinting and background checks
- Participate in an asylum interview with a USCIS asylum officer
- Receive a decision, which may grant asylum, refer your case to immigration court, or deny your application
Defensive Asylum
If you’re in removal proceedings, you apply defensively in immigration court:
- File Form I-589 with the immigration court
- Present your case before an immigration judge at a hearing
- Provide testimony about your experiences and fear of return
- Submit evidence supporting your claim
- Call witnesses if helpful to your case
- Receive the judge's decision, which you can appeal if denied
How We Can Help You Seek Asylum
Asylum cases require compelling evidence, detailed documentation, and persuasive legal arguments. Leveraging our founder’s extensive experience, we know how to build strong cases that give our clients the best chances of success.
When you trust your case with us, we can:
- Assess your situation and evaluate your eligibility for asylum
- Explain the process clearly in English or Spanish, so you understand every step
- Prepare your Form I-589 with meticulous attention to detail
- Help you craft a powerful personal declaration that tells your story effectively
- Gather country condition evidence demonstrating the dangers you face
- Obtain expert testimony, should it be advantageous
- Prepare you thoroughly for your asylum interview or court hearing
- Represent you at all interviews and hearings, advocating fiercely on your behalf
- Include your family members in your application when eligible
At Lorenzo Law Group, we recognize the trauma you’ve experienced and are here to provide the sensitive and respectful legal services you deserve. Contact us today to schedule a consultation. During this meeting, you can tell your story, get to know our Orlando asylum attorneys, and learn the next steps for partnering with us.
Call (689) 220-3998 or connect with Lorenzo Law Group online for experience-backed advocacy in your asylum case.
