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Asylum & Humanitarian Relief

Protection, Opportunity, and Support

Asylum Overview

Asylum is a form of immigration relief for noncitizens who fear returning to their home country. Any noncitizen physically present in the United States with such a fear can apply, regardless of their legal status.

To be granted asylum, applicants must show they cannot return to their home country due to past persecution or a well-founded fear of future persecution based on one of five protected grounds:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

Successful asylum applicants, or asylees, can remain in the U.S. indefinitely, apply for work permits, travel abroad with restrictions, bring family members to the U.S., and apply for a green card one year after being granted asylum.

Particular Social Group, Explained

A “particular social group” refers to people sharing a common, fundamental characteristic. This group must be recognized within society. Examples include family members of dissidents, ethnic subgroups, or those identified by sexual orientation.

One-Year Filing Deadline

Asylum applications must generally be filed within one year of arriving in the U.S., with exceptions for changed or extraordinary circumstances.

Ineligibility for Asylum

A person is ineligible for asylum if they:

  • Have been ordered removed and then illegally reentered the U.S.
  • Could be removed to a safe third country under an agreement
  • Have persecuted others
  • Were firmly resettled in another country before arriving in the U.S.
  • Have certain serious criminal convictions
  • Failed to file within one year without exceptions

Withholding of Removal

Withholding of removal is for those ineligible for asylum but who can show it is more likely than not they would face persecution. This relief does not lead to permanent residence but prohibits deportation to the specific country and allows work permits.

Convention Against Torture (CAT)

CAT protection prevents deportation to countries where individuals are likely to face torture. There are two types of protection under CAT:

  • Withholding of Removal under CAT: For those likely to face torture.
  • Deferral of Removal under CAT: Temporary protection for those not qualifying for other relief but facing torture if returned.

Temporary Protected Status

Temporary Protected Status (TPS) is granted to nationals from designated countries experiencing unsafe conditions, such as armed conflict or natural disasters. TPS beneficiaries are not removable, can obtain work authorization, and may receive travel authorization, but TPS does not lead to permanent resident status.

Humanitarian Parole

Humanitarian Parole provides temporary immigration relief for urgent humanitarian reasons or significant public benefit. It can be requested from outside or inside the U.S. and is discretionary. Parolees must depart before expiration or apply for re-parole. Humanitarian parole does not provide immigration benefits.

For more information on Asylum & Humanitarian relief, please contact us at:

Law Office of Carlos A. Baradat, P.A.
Firm Phone: 239-206-1779
Email: admin@baradatlaw.com
Office: Boca Raton, FL | Naples, FL | Virtual From Anywhere

What Our Clients Say About Us!

Mi experiencia con los servicios del abogado Carlos Baradat fueron extraordinarios. No existen cantidad de estrellas para reflejar la excelencia, entrega, profesionalismo, humildad que les brindan él y su colectivo de trabajo a personas que como yo, un día necesitaron de personas que se identificaran con su caso y sirvieran de apoyo legal para el logro de un proceso determinado de inmigración. Logrando con su trabajo de excelencia devolverles la sonrisa y la felicidad al ganar un caso de asilo político ante un juez de inmigración y así cumplir los sueños de tantas familias de inmigrantes. Jamás dudaría en volver a solicitar sus servicios

Maybel Benitez

Mr. Carlos Baradat is a very professional attorney. He has taken care of all our needs. He is a man of integrity and well respected in the community. He gets involved personally in the case and works hard to achieve it. He kept us informed at all times and had all the answers to all the questions. I highly recommend Mr. Baradat without any hesitation.

Joe Martin

Carlos has been working with me for the last years as my lawyer to obtain my Citizenship. His knowledge and attention to detail have helped me get my Citizenship in record time even through the pandemic. He is thorough and easy to work with and always willing to take the time to discuss my concerns and respond to questions.

Faus San

Our lawyers will also represent you in civil litigation cases such as divorce.