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Seeking asylum and navigating the process

On Behalf of | May 21, 2024 | Immigration

The reason, timing and way a foreign national immigrates to the United States can vary tremendously. While some immigrate for new opportunities, to marry their citizen spouse, to advance their education or to reunite with their family, others enter the United States to, essentially, save their lives.

Through asylum, a foreign national can seek haven in the United States if they fear persecution in their home country. While this is a viable reason to enter and remain in America, it is a reason that requires proper evidence and verification.

Seeking asylum

At Mark Citrin, P.A., our law firm understands the complexities an asylum case can bring to the table, as our practice is devoted entirely to immigration law. Our legal team has extensive experience in handling asylum matters in Florida, and we are devoted to helping our clients successfully navigate the immigration issues specific to their asylum case.

To remain in the United States, the alien seeking asylum must prove that they have suffered past persecution in their home country or have a realistic fear of persecution. These acts of persecution must be by the government of their home country or a group that the nation’s government is unable to control. Asylum is available to those who have suffered or will suffer persecution based on their race, nationality, religion, membership in a particular social group or their political opinion.

Navigating the asylum process

Being approved based on asylum can be a complex matte. To begin, there are procedural matters. Although there are exceptions, those seeking asylum must apply within one year of their last entry into the United States.

While denial could occur for a variety of reasons, there a several reasons a denial will be automatically issued. Asylum seekers with a criminal record involving serious offenses may be denied. Additionally, the authorities may deny an application if there is evidence that the asylum seeker resettled in a third country before coming to the United States.

Finally, if the authorities determine that the asylum seeker voluntarily returned to their home country following their claims of persecution, they will likely deny the request for asylum.

Fleeing your country due to the fear of persecution is not easy to do. Because your safety and future are at risk, you seek to make the United States your new home. It is not a simple immigration issue to navigate. Whether you are applying for asylum or experienced a denial, it is important to understand your rights and options.