How is asylum granted?
Asylum is a form of protection that can be granted to individuals who fear persecution in their home country. In order to qualify for asylum in Florida, an applicant must demonstrate that they meet the definition of a refugee under the Immigration and Nationality Act (INA). In order for an applicant to be granted asylum, they must demonstrate that they have a well-founded fear of persecution on the basis of their race, religion, nationality, membership in a particular social group, or political opinion. An applicant must apply for asylum within one year of arriving in the United States. However, the applicant may be able to qualify for an “exception” to this rule if they can show that changed circumstances in their home country, or other “extraordinary” circumstances, made it impossible to apply within one year. After an application has been submitted, the applicant must attend an asylum interview with an USCIS (United States Citizenship and Immigration Services) asylum officer. During this interview, the officer will determine whether the applicant has a well-founded fear of persecution and should be granted asylum. If the asylum officer believes the applicant has a credible fear of persecution, their application will be forwarded to an immigration judge for a final decision. In some cases, the immigration judge may grant asylum on the spot. In other cases, the judge may decide to hold a full hearing in order to get more information to make a decision. If the judge finds the applicant has a well-founded fear of persecution, they will be granted asylum. If not, the judge will deny their application.
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