Asylum Attorneys In Florida
Under Persecution In Your Home Country? Asylum Might Be The Answer
If you or someone close to you has experienced persecution or serious threats in your home country—or if you fear returning because of what could happen—the United States offers a legal process known as asylum. You may apply for asylum regardless of your current immigration status, as long as you meet certain criteria under U.S. law. To be eligible, the persecution must be connected to one or more protected grounds:
- Race or ethnicity
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
As part of the application process, you’ll need to submit a sworn declaration explaining your story: why you fled your home country, what happened to you or your family, and why returning would put you in danger.
At Caballero & Fernandez de Avila, P.A., we help clients through every step of the asylum process—from preparing your application and collecting supporting evidence to preparing for interviews and hearings. We understand the fear and uncertainty that can come with these cases, and we approach each one with the care and attention it deserves. If you believe you may qualify for asylum, don’t wait to seek help. Our team is here to help you move forward with confidence and care.
Call Caballero & Fernandez de Avila, P.A. at 855-768-0997 to schedule a consultation with a lawyer today.
Affirmative Asylum Proceedings
Foreign nationals who are already in the United States—or who arrive at a U.S. port of entry—have the legal right to apply for asylum and withholding of removal by submitting Form I-589 to U.S. Citizenship and Immigration Services (USCIS). However, asylum is time-sensitive. In most cases, you must file within one year of your last entry into the U.S. There are exceptions to the one-year deadline. If your circumstances have changed significantly—such as new threats in your home country—or if you’ve faced serious barriers to filing earlier, it may still be possible to apply. These are complex situations, and working with an immigration attorney can help ensure your petition is thoroughly prepared and properly submitted.
At Caballero & Fernandez de Avila, P.A., we assist clients in navigating the asylum process from the very beginning. We help you gather supporting documentation, prepare your personal statement, and understand your rights and responsibilities throughout the process.
Due to current asylum case backlogs, individuals with pending asylum applications may request work authorization after 150 days have passed since filing. This can provide some financial stability while your case is under review. The asylum process can be difficult and stressful—but you don’t have to face it alone. Our legal team is here to help you present your case clearly and lawfully, so your petition receives the full and fair consideration it deserves.
Defensive Asylum Proceedings
If you are already in removal proceedings, you may still apply for asylum by filing Form I-589—but the process is different from applying directly with USCIS. This is known as the defensive asylum process, and it takes place before an immigration judge in court rather than through an interview.
During your hearing, the judge will review your testimony, listen to any witnesses you may have, and evaluate the evidence you present to support your claim. You’ll be asked to explain your experiences of persecution and your fear of returning to your home country. These hearings are formal and often complex, and the outcome can determine whether you are allowed to remain in the United States.
If the immigration judge grants your asylum request, you may apply for a green card one year after being physically present in the U.S. under your asylum status. At Caballero & Fernandez de Avila, P.A., we represent individuals in immigration court and help prepare strong, detailed cases for those seeking asylum through the defensive process. If you're already facing removal proceedings, it's important to act quickly. The right legal support can make a significant difference in how your case is presented—and how it’s decided.
Have Immigration Questions?
If you or a loved one needs help navigating the immigration process, call Caballero & Fernandez de Avila, P.A. 24/7 at 855-768-0997 to speak with a knowledgeable attorney.