Asylum in the United States in Orlando

Asylum is a form of protection provided under U.S. federal immigration law (the INA) for people who have suffered or fear suffering persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group. It is a legal application that can follow two distinct paths: affirmative asylum, filed with USCIS through Form I-589 by someone who is not yet in removal proceedings; and defensive asylum, raised as a defense within proceedings already pending before the immigration court (EOIR). Both paths start from the same form and the same legal grounds, but they unfold in different settings: one administrative, before an asylum officer; the other in a litigation setting, before an immigration judge.

Critical point: the one-year deadline

As a rule, the asylum application must be filed within one year of the last entry into the United States, except for the exceptions provided by law, such as changed circumstances in the home country or extraordinary circumstances that justify the delay. Missing this deadline can make the affirmative application unviable and reduce the options for a defense. That is why evaluating the case as early as possible is essential: the sooner the deadline and the facts are analyzed, the better prepared the strategy will be.

Who can apply and the requirements

Asylum applies to those who can demonstrate a well-founded fear of persecution. The most common situations involve:

• People who have already suffered persecution in their home country on one of the five grounds protected by law
• People who fear future persecution if they return, based on concrete facts
• Persecution carried out by the government itself or by agents the government cannot or will not control
• Family members who may be included as dependents of the application, where applicable (spouse and unmarried children under 21)

Eligibility depends on the individual facts, the home country, the person's history in the United States, and the consistency between the narrative and the evidence. The same form serves very different realities, and each case requires its own analysis before anything is filed.

How the process works

In general terms, the application usually follows these phases, depending on whether the path is affirmative or defensive:

• Analysis of eligibility, the one-year deadline, and any applicable exceptions
• Preparation of Form I-589 with the personal statement (narrative), identity documents, and supporting evidence
• Affirmative asylum: interview with a USCIS asylum officer, in an administrative setting
• Defensive asylum: presentation of the application before the immigration judge (EOIR), with hearings and argument in a litigation setting
• Continuation of the case depending on the outcome, including any appeals to higher tribunals

Documents and evidence

Asylum is an application that relies heavily on evidence. The following are usually relevant:

• A detailed and coherent personal statement about the persecution suffered or feared
• Identity documents, passport, and proof of entry into the U.S.
• Evidence of what happened: police reports, medical records, photos, messages, and documents that support the facts
• Witness statements and letters of support, when available
• Reports on conditions in the home country that corroborate the fear of persecution

What to expect during the process

The asylum process usually requires patience and organization. On the affirmative path, after Form I-589 is filed, there is the collection of biometrics and, later, the interview with the asylum officer, in which the person recounts their story and answers questions about the facts and the evidence. On the defensive path, the case is presented to the immigration judge at hearings: first the initial hearings (master calendar) and then the merits hearing (individual hearing), in which the story is argued, the evidence is presented, and there may be testimony from the person and from witnesses. On both paths, it is common for there to be a waiting period set by law from the time of filing before it is possible to request a work permit. Deadlines, notices, and the consistency of the narrative throughout all stages are decisive, and it is natural for the process to extend over a considerable period.

How Without Borders handles your case

Without Borders is a nonprofit organization recognized by the United States Department of Justice (DOJ). In affirmative asylum, your case is handled before USCIS within the scope of the accreditation. In defensive asylum, which proceeds before the immigration court, representation is provided by a representative with full DOJ accreditation, authorized to appear before the immigration court (EOIR), just as a licensed attorney would. We start with the analysis of the one-year deadline and eligibility, continue with the careful construction of the narrative and the evidence, and follow every stage, from the interview to the hearings. We serve you in Portuguese and English, in Orlando, with attention to the sensitivity of each story and without promising results: our commitment is to prepare and argue your case rigorously, within the law.

Frequently Asked Questions

Related services

• Deportation Defense (Removal) →
• Cancellation of Removal →
• Work Permit (EAD, I-765) →
• Immigration Legal Consultation →

Informational content about an immigration legal service. Without Borders Inc is a nonprofit organization recognized by the U.S. Department of Justice (DOJ). Representation is provided by a DOJ Accredited Representative, within the scope of their accreditation. This text does not replace an individual review of your case in a consultation.