Asylum Lawyer in Miami

Asylum is protection granted to people who have suffered persecution or have a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. To qualify, you must apply within one year of arriving in the U.S. (with limited exceptions). Godoy Law P.A. handles affirmative asylum applications with USCIS and defensive asylum claims in immigration court.

Who Qualifies for Asylum

Asylum requires showing past persecution or a well-founded fear of future persecution. The persecution must be:

On account of one of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group
Carried out by the government or by people the government is unable or unwilling to control
Severe enough to meet the legal standard of persecution (more than discrimination or harassment)

The ‘particular social group’ ground is the most fact-specific. Recognized groups have included survivors of domestic violence in certain countries, family members of targeted individuals, LGBTQ+ individuals in countries that criminalize their identity, and others. The law in this area shifts frequently.

The One-Year Filing Deadline

With limited exceptions, asylum applications must be filed within one year of the applicant’s last arrival in the U.S. Missing the deadline does not always end the case – exceptions include:

Changed circumstances in the country of origin or in the applicant’s situation
Extraordinary circumstances that prevented timely filing (serious illness, legal incapacity, ineffective assistance of counsel)

Even with an exception, applicants who miss the one-year deadline are limited to withholding of removal or Convention Against Torture protection, which provide less than asylum. If you are approaching one year in the U.S. and may have an asylum claim, do not wait.

Affirmative vs Defensive Asylum

Affirmative Asylum (USCIS)

If you are not in removal proceedings, you file the I-589 asylum application directly with USCIS. The case is heard at one of the USCIS Asylum Offices (Miami applicants typically interview at the Miami Asylum Office). The asylum officer interviews you and decides whether to grant asylum, refer the case to immigration court, or deny it (if you have no other basis to remain in the U.S.).

Defensive Asylum (Immigration Court)

If you are in removal proceedings, you file the I-589 as a defense before the immigration judge. The hearing is more formal than the affirmative interview. Both you and the government present evidence and witnesses. The judge issues a decision.

The I-589 Application

The I-589 is the longest and most detailed form in U.S. immigration. It asks for biographical information, immigration history, and the full narrative of your persecution. Inconsistencies between the I-589 and your later testimony can sink the case. We spend significant time with each asylum client constructing the narrative carefully, gathering corroborating evidence, and stress-testing the testimony before filing.

Corroborating Evidence

Asylum decisions weigh credibility heavily, but credibility alone is not always enough. Strong cases include:

Country conditions evidence: State Department reports, NGO reports, news articles documenting persecution in the home country
Personal documents: police reports, medical records of injuries, threat letters, photos, social media records
Witness affidavits: from family, neighbors, co-workers, religious leaders, or others who witnessed the persecution or its aftermath
Expert testimony or declarations: from country conditions experts, medical professionals, or psychologists

We work with country conditions experts and forensic medical evaluators when the case warrants. Mental health evaluations are particularly important in cases involving trauma.

Withholding of Removal and CAT

Asylum is not the only protection available. Two related protections sit alongside it:

Withholding of Removal

A higher standard than asylum (clear probability of persecution rather than well-founded fear), but no one-year deadline and no firm resettlement issues bar to applying. Withholding does not lead to a green card and does not allow family reunification, but it stops removal to the country of feared persecution.

Convention Against Torture (CAT)

Protection against removal to a country where the applicant would more likely than not be tortured. CAT does not require nexus to a protected ground – it just requires likelihood of torture. Like withholding, CAT does not lead to a green card but stops removal.

Work Authorization During the Case

Asylum applicants generally cannot work in the U.S. immediately. Under current rules, work authorization (EAD) can be requested 150 days after filing the asylum application, assuming the case is still pending. Many applicants get the EAD several months after that 150-day mark. Asylum grants come with immediate work authorization.

After Asylum is Granted

If asylum is granted, you can:

Work legally in the U.S. without a separate work permit
Travel internationally on a refugee travel document (do not travel to your country of feared persecution)
Petition for your spouse and unmarried children under 21 to join you (Form I-730), if not already on the application
Apply for a green card one year after the asylum grant
Apply for citizenship five years after the green card

Common Reasons Asylum Cases Fail

Credibility issues: inconsistencies between the application, the interview, prior statements at the border, and other evidence
Failure to corroborate when corroboration is reasonably available
No nexus: the persecution exists but is not on account of one of the five protected grounds
Internal relocation: the applicant could reasonably relocate to another part of the home country to avoid persecution
Country conditions: the country at issue is generally safe under current State Department and asylum office assessments
One-year deadline: filed late without a recognized exception

We screen for each of these before filing and build the case to address them directly.

Children and Family Members in Asylum Cases

Asylum cases often involve multiple family members. Children can be included as derivatives on a parent’s application if they are unmarried and under 21. Spouses can be included if the marriage existed before the asylum grant. Separate considerations apply to unaccompanied minor children, who file in a different process.

Meet Our Attorney

Hilmarys Godoy-Villard, Esq.

Hilmarys Godoy-Villard, Esq. is the founding attorney of Godoy Law P.A. in Miami, Florida. She represents clients in family-based immigration, citizenship, deportation defense, asylum, and Temporary Protected Status cases. She is admitted to the Florida Bar and practices in English, Spanish, and Haitian Creole.

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FAQ

Frequently Asked Questions

How long does an asylum case take?

Affirmative asylum cases at the Miami Asylum Office can take anywhere from one to five years from filing to interview to decision, depending on the office's backlog and policy priorities. Defensive asylum in Miami Immigration Court typically tracks the broader removal case timeline of two to four years. Some cases move faster under specific scheduling rules.

Can I work while my asylum case is pending?

Not immediately. Under current rules, you can request work authorization 150 days after filing the I-589, and USCIS typically issues the EAD several months after that request. The clock can pause if you cause delays in your own case. Once asylum is granted, you can work without a separate permit.

What if I missed the one-year deadline?

You may still qualify if changed circumstances in your home country or extraordinary circumstances in your life prevented timely filing. Even if neither exception applies, you may qualify for withholding of removal or CAT protection, which do not have a one-year deadline. Bring your full timeline and documents to the consultation so we can identify which path works.

Can I apply for asylum if I am in removal proceedings?

Yes. Asylum can be raised as a defense in immigration court. The same I-589 form is used, but it is filed with the court rather than with USCIS, and the judge (not an asylum officer) decides the case. If you have an asylum claim and are in removal proceedings, asylum is one of the most powerful forms of relief available.

Can I travel back to my home country with asylum?

You should not. Travel to the country from which you sought asylum can be treated as evidence that the persecution claim was not genuine, leading to termination of asylum status. Travel to other countries on a refugee travel document is generally fine, but check before booking. Once you are a U.S. citizen, the restriction goes away.

Talk to a Miami Immigration Lawyer Today

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