How to Gain Asylum in the United States

The right of asylum is something that is recognized in the United States. Individuals can get asylum status as specified by both federal and international law. Every single year many individuals apply for asylum status while inside of the United States, while others apply for refugee status outside of the country and then enter as refugees. There is often a lot of confusion around asylum status, though. Our team of attorneys can help you get through the weeds and understand how to gain asylum in Florida.

Qualifications for Asylum

To qualify for asylum in Florida or anywhere in the United States, three requirements have to be met primarily.

  • The individual that is trying to apply for asylum has to establish fear. The fear has to be around potential persecution that they could face in the home country that they are from.
  • The individual that is applying for asylum has to establish that the fear of persecution that they have is due to one of the five protected areas. The protected areas include fear of persecution based on religion, nationality, race, political opinion, and/or membership in a particular social group.
  • The applicant has to prove that the government is the one that is involved in the persecution. If the government is not directly involved, it has to be established that the government has no control over those attempting to persecute the individual.

Mandatory and Discretionary Bars

The Secretary of Homeland Security, as well as the Attorney General, have the right to block someone from asylum eligibility if a slew of facts is determined. If the person seeking asylum persecuted another based on one of the five categories that would categorize for asylum, to begin with, they are barred. On top of that, if the individual presents a danger to the United States, or has committed a nonpolitical crime outside of the United States, they may also be barred.

The idea here is that the facts do not lie. Someone can apply for asylum in the United States and be protected, but their history is going to come into play. It is up to the discretion of the Attorney General or Secretary of Homeland Security to ensure that the individual does not meet any of the above triggers.  If they do, the bar is something they cannot ignore.

Why The Law Office of Robert Berlin Should Handle the Process

The discretionary aspect of asylum is exactly why our attorney Jacksonville experts are so important to you in the asylum process. We have helped so many get through the application process and had their status approved. Our team can work with you so that you understand the case law, understand the hurdles you may face during the application process, and give you a higher chance of success. Trust The Law Office of Robert Berlin as we have the years of knowledge and experience working asylum in Florida cases that is necessary to deliver you positive results and give you comfort that the process is being handled accurately.

The decision as to whether or not someone who applies for asylum is granted their request is discretionary. It is based on the facts of the claim that are being made. An experienced attorney in Jacksonville can help you understand the eligibility requirements, help you understand if you qualify, work to apply the statutes, regulations, case law, and such that are needed.