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Asylum Cases Before Immigration in the United States

How is an affirmative asylum application filed with immigration services inside the United States and what benefits does an asylum bring?

The majority of immigrants lose their asylum cases, even when they have proof and/or evidence to support them. What to do to win the case? The applicants must show a valid fear of persecution, remembering, of course, that a founded fear is based on political, religious, sexual, or ethnic reasons and, of course, ideally, it would be necessary to file the asylum application within one year after entering the United States. Asylum applications for racial discrimination, religion, nationality, or social group are not very common. However, we have many immigrants who enjoy asylum in the United States for sexual discrimination, as it is in the case of homosexuals.

The economic or criminal situation of the applicant is not relevant at all in a political asylum case. On the contrary, such situations carry with them almost a 100% possibility of the asylum being denied. The immigrant must support himself/herself with newspaper clippings an articles, witnesses, documents of identification reflecting his/her political status, sworn affidavits, and/or and any other document which supports his/her testimony regarding his/her “fear of political persecution”.

Once his/her asylum application is filed (Form I-589, Application for Asylum and Withholding of Removal), the immigrant will then receive in a few days immigration’s “receipt” letter of his/her application and, likewise, will receive a date for an appointment in the City of Miami, where he/she must appear in person with other applicants and with a competent interpreter if the immigrant does not speak English.

Once the immigrant appears for the asylum interview at the appointment time and date, if he/she is granted asylum, he/she will have to return in person to the City of Miami to obtain his/her decision in person and in writing. If the asylum is granted, the immigrant will also receive his/her I-94 form and could apply for work permit. Also, the immigrant will enjoy the right to apply for different government benefits as Medicaid, Food Stamps, payments for his/her studies, and cash aid. In such case he/she is not granted the asylum, immigration will then remit his/her case to Immigration Court in the city where the immigrant resides and two hearings will be set. One is a Master Hearing, where the immigrant and his/her lawyer appear to obtain a date for an Individual Hearing. The second is the Individual Hearing, where an immigration Judge will review and make a decision on the asylum case in the presence of the immigrant’s lawyer and the immigration attorney. If the Judge grants the asylum, the immigrant can the appear with the signed order to the immigration services office where he/she resides to seal his/her passport and begin to enjoy the benefits mentioned here.

Do not file your asylum case on your own. Do not make that mistake, and obtain legal representation of a lawyer of your choice for your protection. Our Firm will be at your service.