Hollywood Asylum Lawyers

What are the Qualifications for Asylum in Florida?

The United States opens its doors and gives legal status to people who have been persecuted and face future persecution in their home countries. If you, your family members or your friends have been persecuted and fear persecution in your country due to your race, nationality, religion, political opinion, or membership to a particular social group, you may qualify to request asylum in this country.

The immigration laws of the United States have defined a refugee as someone who “ is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person habitually resided, and who is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”

Persecution is not specifically defined by immigration laws, but the courts have held that “a threat to life or freedom on account of race, religion, nationality, political opinion, or membership of a particular social group is always persecution.”

Identifying persecution would depend on the facts of each case, but acts such as forced medical or psychological treatment, serious physical harm, unfair prosecution, and incarceration, and severe discrimination are examples that would be considered past persecution. Besides past persecution, asylum seekers also need to demonstrate a well-founded fear of persecution if they return to their home country. They must have a subjective and objective fear of returning to their country of origin. For the subjective element, the applicant must demonstrate a legitimate fear of persecution, and for the objective, the applicant must show that a reasonable person experiencing the same circumstances would fear persecution. An applicant may be granted asylum based on past persecution alone. If an applicant sufficiently demonstrates past persecution, they are presumed to have a well-founded fear of persecution.

Experienced Guidance for Your Case

Persecution on account of race, religion, nationality, membership in a particular social group, and political opinion are the grounds indicated by the immigration laws as meritorious for the grant of asylum. Even if an applicant meets all of the requirements to qualify as an asylee, the person must merit a favorable exercise of discretion. Certain criminal convictions could be a bar for asylum. That is why it is very important to have the guidance of an experienced immigration attorney to address issues such as convictions or claims of fraud that could affect your case.

Knowingly filing a frivolous asylum application is one of the most serious mistakes that an applicant can make. An asylum application is frivolous “if any of its material elements is deliberately fabricated.” An asylum application that is denied is not automatically considered to be frivolous. Frivolous finding requires “deliberate fabrication.” Filing a frivolous asylum application could make the applicant permanently ineligible for any immigration benefits.

We will analyze your evidence, prepare you to explain the events that brought you to this country, and properly present your case. If you have been persecuted or fear future persecution for any of the reasons enumerated by the laws, we will be able to assist you.

Schedule a consultation with our asylum lawyers in Hollywood by calling 954-833-1454 or contacting us online.