Asylum

Who qualifies for asylum in the United States?

U.S. asylum law requires showing a well-founded fear of persecution on account of one of five protected grounds:

• Race
• Religion
• Nationality
• Membership in a particular social group — includes some gender-based, family-based, and LGBTQ immigration — asylum and same-sex marriage green cards claims based on sexual orientation or gender identity, though the "particular social group" doctrine has tightened in recent years.
• Political opinion — actual or imputed.

The persecution must be by the government or by actors the government cannot or will not control. Generalized country conditions (war, gang violence, poverty) without nexus to a protected ground generally do not qualify.

What is the difference between affirmative and defensive asylum?

Affirmative asylum is initiated by you — by filing Form I-589 with USCIS while you are still in valid status or have not yet been placed in removal proceedings, as authorized under INA § 208(a)(1). You receive an interview with a USCIS asylum officer; for Central Florida, this is the Miami Asylum Office (with satellite locations).

Defensive asylum is raised as a defense in immigration court, after the government has placed you in removal proceedings. Cases are heard by an immigration judge at the Orlando Immigration Court at 3535 Lawton Road. The government — represented by ICE's Office of Chief Counsel — cross-examines and opposes the application. Per EOIR statistics, defensive asylum grant rates vary widely by nationality and judge; the EOIR Statistics Yearbook publishes nationality-by-nationality completion data each fiscal year (EOIR Statistics Yearbook, FY2024).

Because Central Florida defensive cases are decided at the Orlando court, it helps to work with an asylum lawyer in Orlando who appears there regularly and knows how individual judges weigh country-condition evidence and credibility.

What is the one-year asylum filing deadline?

Affirmative asylum applications must generally be filed within one year of arrival in the United States, per INA § 208(a)(2)(B). USCIS receives roughly 130,000–150,000 affirmative I-589 filings per year (USCIS Form I-589 statistics), and the deadline is the most common reason cases are referred to immigration court before the merits are even reached. Two exceptions can excuse missing the deadline:

1. Changed circumstances — in your country (e.g., a regime change, new persecution) or in your personal situation (e.g., conversion to a persecuted religion) that materially affect your eligibility.
2. Extraordinary circumstances — that prevented timely filing: serious illness, ineffective assistance of prior counsel, lawful immigration status that has now ended, mental incapacity.

Both exceptions require you to file within a "reasonable period" of the changed/extraordinary circumstance. We assess each carefully — many Venezuelan, Nicaraguan, and other recent-arrival cases qualify.

What evidence do asylum applicants need?

The strongest asylum cases combine multiple evidence types:

• Detailed, internally consistent personal declaration.
• Country-condition documentation — State Department reports, UNHCR materials, human-rights NGO findings, news articles.
• Medical records of past harm.
• Psychological evaluations from licensed clinicians.
• Expert affidavits on country conditions or specific persecution patterns.
• Witness statements from family, friends, or fellow targeted individuals.

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 record.

What you get if granted

If asylum is granted, you receive:

• Lawful asylee status, with permission to remain and work indefinitely (subject to limited grounds for revocation).
• Eligibility to apply for a green card after 1 year.
• Travel document (Form I-131 refugee travel document) for international travel — but with restrictions on returning to your country of feared persecution.
• Eligibility to bring your spouse and unmarried children under 21 via Form I-730 within 2 years of grant.