Aventura, Florida Asylum Law
Refugee Status
The United Nations Convention on the Status of Refugees is an international convention that defines refugee status, sets out the rights of individuals who are granted asylum, and sets out states' responsibilities to grant asylum status. Article 1 of the Convention defines an asylee: "A person who has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of nationality, and is unable or unwilling to return to that country." The US committed to this convention by ratifying it.
You cannot choose your race or nationality - these are things decided at birth. Religion and political opinion are beliefs that are engraved in us. Being part of a particular social group, such as gay or lesbian, should be a free choice made without fear of being persecuted. The common element underlying each of these bases is that these are fundamental, unchangeable aspects of our nature.
You need an attorney with experience handling asylum cases and a solid understanding of international law. Attorney Salaridze has that experience. When you need effective representation in your immigration case, please contact Vladislav Salaridze, Esq. at the Legal Consulting Group, LLC.
How Do I Qualify for Asylum?
In order to qualify for asylum, you will need to show that you are unable or unwilling to return to your home country due to past persecution or a well-founded fear of future persecution due to any of the bases mentioned above. Persecution refers to harm that is more serious than discrimination or hardship, but includes threats of physical harm.
Bases for Asylum
- Race
- Nationality
- Religion
- Political opinion
- Particular social group (including gays and lesbians)
Procedure for Asylum
- § Usually takes one and a half months from time of filing. After first week of filing, the applicant gets notice that his case has been received and he can remain legally in the country until the decision is made. For example, in Florida, with INS Receipt Notice you can go get your driver's license and remain legally in the country as of the moment you receive the Notice until the decision of your case.
- § Another notice will come 2-3 days after original notice with time & date of asylum interview, usually a month from date of filing. The applicant should not expect to get a decision on the date of the interview. The decision will be given to him 2 weeks after interview.
- § If interview is successful, the applicant will get Grant of Asylum document that will situate them, as of that moment, their status is as an asylee and in this status you can live in the U.S. indefinitely with no limitations.
- § One year after date of asylum granted, client is eligible to apply for a green card and the green card will be issued to them in 6 months approximately and the date of the Green Card will be rolled back one year before it's received. After they receive Green Card, the time for citizenship is not 5 years but 4 years.
- § Asylum is the only procedure where the applicant has full control of the case as opposed to family or business immigration where someone petitions for you, in asylum you petition for yourself.
Limitations
The only limitation to this procedure is a one year rule. A person must claim asylum during the first year of presence in the US, with very limited exceptions. If you can demonstrate that physical or mental conditions prevented timely application, such as having learned that you are HIV-positive and you fear returning to your country, you may qualify for an exception to the one year rule. Or you may continue to suffer from depression, anxiety, and panic attacks after traumatic experiences in your native country which prevented you from applying on time.
Immigration Status
Mr. Salaridze, Esq. can help you get Asylee status in the US. After a year in such status, you may apply for a Green Card. The date on your Green Card will be rolled back for one year. Four years after you receive your Green Card you may apply for US Citizenship.
Contact the Legal Consulting Group, LLC to speak with an experienced lawyer in Aventura, Florida. Mr. Salaridze, Esq. will aggressively represent you in your asylum case.
To check the status of your case, click here.
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Legal Consulting Group, LLC
2999 NE 191st St, Ste 400
Aventura, FL 33180-3116
Phone: (305) 682-1909
Fax: (786) 735-1641