As Miami immigration attorneys, we understand the sensitive situation that asylum applicants are in and are dedicated to helping our clients obtain asylum status to ensure they remain in the U.S.
Foreign nationals in this country, regardless of their current immigration status, can submit an Application for Asylum and for Withholding of Removal, also called Form I-589. Applicants are eligible for asylum if they demonstrate that they will likely face persecution in their home countries based on one or more of the following grounds:
- Membership in a particular social group (such as LGBTQ individuals)
- Political opinion
Asylum is granted through either affirmative processing or defensive processing. In affirmative processing, asylum petitions are reviewed by Asylum Officers at United States Citizenship and Immigration Services (USCIS). If the applicant is deemed eligible, asylum is granted. Defensive processing occurs when foreign nationals seek asylum as a defense against deportation from the U.S. The following are reasons an individual may be placed in removal proceedings:
- They affirmatively applied for asylum, were deemed ineligible, and USCIS referred their case to an Immigration Judge at the Executive Office for
- Immigration Review (EOIR)
- They violated their immigration status
- They were apprehended by U.S. Customs and Border Protection (CBP) entering the U.S. without proper documents and found to have a credible fear of persecution by an Asylum Officer
An immigration judge will decide whether to grant asylum in a court-like hearing. Our Miami immigration attorneys are accomplished at representing our clients and defending their asylum petitions in these high-stakes meetings.
If you are a foreign national in the U.S. who is unable or unwilling to return to your home country due to fear of persecution, consult with a qualified Miami immigration attorney as soon as possible to learn how to obtain asylum status for you and your loved ones. At Pimentel & Castillo, we assist our clients in applying for asylum, compiling evidence to prove their eligibility, and preparing for interviews. Furthermore, we rigorously defend clients in EOIR hearings with the end goal of preventing deportation and obtaining asylum.