Asylum is one of the most complex areas of U.S. immigration law — and for those facing persecution at home, one of the most important. Our Orlando firm has helped Venezuelans, Cubans, Nicaraguans, Haitians, and others seeking refuge in the U.S. since 1996. The 1-year filing deadline matters; we move fast.
Common asylum situations we handle:
- You arrived in the U.S. less than one year ago and want to file affirmative asylum
- You missed the 1-year deadline but qualify for an exception (changed or extraordinary circumstances)
- You are in removal proceedings and want to apply for asylum defensively
- You passed a credible-fear or reasonable-fear interview and need representation
- Your asylum application was denied and you need to appeal to the BIA
- You are at risk of removal and need withholding or CAT protection
The 1-year affirmative asylum deadline is strictly enforced. If you arrived more than a year ago, exceptions may still apply — call us to evaluate.
What makes a strong asylum case
U.S. asylum law requires showing a well-founded fear of persecution on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The persecution must be by the government or by actors the government cannot or will not control. This is a high evidentiary bar, and the bar has tightened in recent years for certain claim types.
The strongest asylum cases combine several types of evidence: a detailed, internally consistent personal declaration; country-condition documentation from State Department, UNHCR, and human-rights NGO reports; news articles about specific incidents; medical records of past harm; psychological evaluations from licensed clinicians; expert affidavits; and corroborating witness statements where available.
We have prepared and won asylum cases on every recognized basis — political opinion in Venezuela, religious persecution, gender-based and LGBTQ+ persecution, family-membership claims, and others. Each case is fact-intensive and requires months of preparation. The 1-year filing deadline (with limited exceptions) means timing is critical.
Asylum Case Lifecycle
How an asylum case unfolds
I-589 application
We prepare Form I-589 with your detailed personal declaration, country-condition evidence, expert affidavits where useful, and supporting documentation.
Fingerprinting
USCIS schedules biometrics shortly after filing. After 150 days from filing, you can apply for an Employment Authorization Document (EAD).
Asylum officer or judge
Affirmative cases are interviewed by a USCIS asylum officer; defensive cases are tried before an immigration judge in Orlando.
Grant, refer, or deny
Grant: you become an asylee. Refer: case moves to immigration court. Deny: appeal options including BIA and 11th Circuit. We handle each.
What clients say
Mr. Gustavo Vargas was my lawyer twice, years ago for my immigration process and now for my husband's. He is extremely Professional and knowledgeable about the entire process. Both times it was a success story! Highly recommended. Thank you so much.alba inacio
Gustavo Z. Vargas, Esq.
Gustavo Vargas is Florida Board Certified in Immigration and Nationality Law and has practiced exclusively in immigration since 1996. Born in Lima, Peru, he is fluent in Spanish and has prepared and won asylum cases for clients from across Latin America and beyond.
He has represented clients before USCIS, the Orlando Immigration Court, the Board of Immigration Appeals, and the U.S. Court of Appeals for the Eleventh Circuit. He earned his J.D. at Florida State University in 1992.
Asylum — questions clients ask
I arrived more than a year ago. Is it too late to apply for asylum?
Possibly not. The 1-year deadline has two exceptions: (1) changed circumstances in your country or your situation that materially affect your eligibility (e.g., a new regime, a change in personal circumstances), and (2) extraordinary circumstances that prevented you from filing on time (serious illness, ineffective assistance of prior counsel, lawful immigration status that has now ended). Each exception is fact-specific and must be filed within a reasonable period. Call us — we will tell you if an exception applies.
What is the difference between affirmative and defensive asylum?
Affirmative asylum is when you initiate the case yourself by filing Form I-589 with USCIS while you are still in valid status or have not yet been placed in removal proceedings. You have an interview with an asylum officer. Defensive asylum is when asylum is raised as a defense in immigration court because you have already been placed in removal proceedings. The substantive law is the same, but the procedure and evidentiary presentation differ.
Can I work while my asylum case is pending?
Yes, after a waiting period. You can apply for an Employment Authorization Document (EAD) once your asylum application has been pending for 150 days, and the EAD is generally issued shortly after that point. There are some exclusions and restarts of the clock that depend on your case-specific circumstances.
Will my family be protected too?
If you are granted asylum, your spouse and unmarried children under 21 (who were so at the time you applied) can be granted derivative asylum status. They can be in the U.S. with you (Form I-730 follow-to-join is filed within 2 years of grant) or abroad. After 1 year, asylees and their derivatives can apply for green cards.
What if my asylum case is denied?
A USCIS denial in an affirmative case usually means the case is referred to immigration court for a defensive hearing. A judge's denial in court can be appealed to the Board of Immigration Appeals within 30 days. After the BIA, you can petition the U.S. Court of Appeals for the Eleventh Circuit for review of the BIA decision. We handle each level of appeal.
Do I need to disclose everything bad that happened or just the persecution?
Be candid. Your asylum officer or judge will assess your credibility based on the consistency of your story across the I-589, your personal declaration, the interview/hearing testimony, and supporting documents. Inconsistencies — even on small details — can sink an otherwise strong case. We work with you carefully so that your written and oral accounts match the documentary evidence.
How long does an asylum case take in Orlando?
Affirmative cases at USCIS can take many months to years to reach an interview, depending on backlogs. Defensive cases in Orlando Immigration Court can take several years from initial hearing to a merits decision. We monitor your case continuously and pursue motions to advance when grounds exist.
Ready to talk about your case?
Free 30-minute consultation. No obligation. Confidential. Available in English or Spanish.
Visit our Orlando office
545 Delaney Ave, Building 4
Orlando, FL 32801
(407) 835-1009
info@immlawcenter.com
Mon–Fri 9am–5pm. 2 miles from the Orlando Immigration Court.
Photo credit: Photo by Jean-Guillaume Starnini on Pexels
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