Fleeing persecution is a harsh reality for many individuals around the world. For those who seek refuge in the United States, asylum may offer a path to safety and stability. At Garcia Immigration Law, LLC, located in Orlando, we help individuals navigate the asylum process with knowledgeable and compassionate legal support.

What Is Asylum?

Asylum is a form of protection available to individuals who are already in the United States or at a U.S. port of entry and who cannot return to their home country due to a well-founded fear of persecution. This persecution must be based on at least one of the following grounds:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

Those granted asylum are allowed to stay in the U.S., apply for work authorization, and eventually pursue lawful permanent residence (a green card) and U.S. citizenship.

Who Is Eligible to Apply for Asylum?

To qualify for asylum in the United States, an individual must meet specific criteria:

1. Be Physically Present in the U.S. or at a Port of Entry

You must be on U.S. soil or arriving at a port of entry to request asylum. This includes airports, land borders, or seaports.

2. File Within One Year of Arrival

Asylum applications must generally be filed within one year of your arrival in the United States. There are limited exceptions to this rule, such as changes in personal circumstances or extraordinary conditions.

3. Fear Persecution in Home Country

Applicants must demonstrate that they have experienced or fear future persecution in their home country due to one of the five protected grounds mentioned above.

4. Not Barred from Asylum

Certain factors can make someone ineligible for asylum, including:

• Conviction of serious crimes
• Participation in persecution of others
• Security threats
• Prior denial of an asylum claim (with no changed circumstances)

Affirmative vs. Defensive Asylum

There are two main types of asylum processes:

• Affirmative Asylum: You apply proactively with U.S. Citizenship and Immigration Services (USCIS) when not in removal proceedings.
• Defensive Asylum: You request asylum as a defense against deportation while in removal proceedings before an immigration judge.

Both paths involve presenting evidence, completing forms (primarily Form I-589), and undergoing interviews or hearings.

How Garcia Immigration Law, LLC Can Help

Applying for asylum is a high-stakes process that can be emotionally taxing and legally complex. At Garcia Immigration Law, LLC in Orlando, we provide the legal support you need to build a strong case, submit the necessary paperwork, and advocate for your rights throughout the process. Whether you are applying affirmatively or defensively, our team is here to help you seek the protection you deserve.