Bogin, Munns & Munns P.A.
(855) 780-9986
(855) 780-9986
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Bogin, Munns & Munns

Orlando Asylum Immigration Lawyers

Your legal issues need our expertise. With 40+ dynamic attorneys on staff, Bogin, Munns & Munns serves Central Florida’s legal needs and treats our clients like family.
1000 Legion Place, Suite 1000, Orlando, Florida 32801 855-686-6752 View all Google Reviews here
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On This Page
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  1. Who Qualifies for Asylum in the United States?
  2. What Is the One-Year Deadline to Apply for Asylum?
  3. How Do You Apply for Asylum? The Affirmative Process
  4. Affirmative vs. Defensive Asylum: Which Applies to You?
  5. Can You Work While Your Asylum Case Is Pending?
  6. Ready to Talk to an Orlando Asylum Attorney?
Orlando Asylum Immigration Lawyer

If you fled your country because of persecution, an experienced Orlando asylum lawyer provides the representation necessary to file a strong application and navigate the complexities of the immigration system.

Our immigration team has represented people seeking safety in Central Florida since 1979, guiding individuals and families through the entire process—from preparing the initial application and personal declaration to providing skilled advocacy in court.

Call our Orlando office at 407-578-9696 for a free, confidential consultation.

Who Qualifies for Asylum in the United States?

Who Is Eligible to Apply for AsylumTo qualify for asylum, you must show that you have suffered persecution, or have a well-founded fear of future persecution, based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. You must be physically present in the United States to apply.

Asylum is not granted automatically. Success depends on the strength of your personal declaration and the evidence supporting your fear of return. Our team assesses your situation against these protected grounds to ensure your case is built on a solid legal foundation from the start.

To consult with an experienced asylum immigration lawyer serving Orlando
(855) 780-9986

What Is the One-Year Deadline to Apply for Asylum?

You generally must file your asylum application within one year of your most recent arrival in the United States. Missing this deadline is one of the most common reasons asylum cases are denied.

Two exceptions can excuse a late filing: changed circumstances that materially affect your eligibility, and extraordinary circumstances that prevented you from filing on time. Both must be documented carefully. If more than a year has passed since you arrived, contact us as soon as possible, because you may still qualify under an exception, but the argument must be built correctly.

How Do You Apply for Asylum? The Affirmative Process

Leesburg Family-Based Visa LawyerAsylum applications are filed using Form I-589. When you are not in removal proceedings, you file affirmatively with U.S. Citizenship and Immigration Services (USCIS), and your case is decided through an interview with an asylum officer rather than a courtroom hearing.

The process moves through several stages: preparing and filing Form I-589 with a detailed personal declaration, attending a biometrics appointment for fingerprinting and background checks, and appearing for an asylum interview. The official form, current filing requirements, and any recent fee changes are published by USCIS at uscis.gov, which is worth reviewing because asylum rules have changed frequently.

Your personal declaration is the heart of the case. A vague or inconsistent statement leads to denial even when the form itself is complete, which is why we invest heavily in getting your account clear, detailed, and consistent.

Orlando Asylum Immigration Lawyer Near Me
(855) 780-9986

Affirmative vs. Defensive Asylum: Which Applies to You?

Asylum cases generally follow one of two paths. Affirmative asylum applies when you are not in removal proceedings, meaning you file directly with U.S. Citizenship and Immigration Services (USCIS) and present your case to an asylum officer. Defensive asylum occurs when you are in removal proceedings before an immigration judge, requiring a formal defense against deportation.

Our firm provides comprehensive representation for both paths. Whether you are filing your initial application with USCIS or require skilled defense in immigration court, we manage every stage of your case to protect your status and your future in the United States.

Can You Work While Your Asylum Case Is Pending?

Woman holding an immigration form at a desk with a passport in the foregroundNot immediately. You cannot apply for a work permit at the same time you file for asylum. Eligibility to request employment authorization is tied to how long your application has been pending, subject to current USCIS rules.

If asylum is granted, you are authorized to work right away, and an Employment Authorization Document (EAD) can be issued for identification and convenience. Because the rules around asylum-based work authorization are actively changing, we review the current waiting periods and eligibility with you directly rather than relying on outdated timelines. The U.S. Department of Labor explains worker rights and authorization at dol.gov, which applies once you are eligible to work.

Call 407-578-9696 or contact us online to talk through your asylum options.

Click to contact our Orlando Asylum Immigration Lawyerss today

Ready to Talk to an Orlando Asylum Attorney?

Asylum cases turn on timing and preparation. The one-year deadline is unforgiving, and a rushed or inconsistent application is difficult to repair. Getting experienced help early gives your case the best chance of success.

We represent asylum seekers from our Orlando headquarters at 1000 Legion Place, Suite 1000, serving Orange, Osceola, and Seminole Counties and clients across Florida. Bogin Munns & Munns also handles family-based immigration, green cards, naturalization, and employment-based visas, including EB-1, EB-2, EB-3, and EB-5.

Call 407-578-9696 or contact our Orlando office online for a free asylum consultation.

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Frequently Asked Questions

  • Asylum timelines vary widely and have been unpredictable in recent years. Some affirmative cases receive an interview within months, while others wait far longer due to backlogs. After the interview, a decision may come within weeks or take considerably longer. Because processing times shift with policy and caseload, we give clients a realistic picture based on current conditions rather than a fixed promise.

  • Your own detailed, credible declaration is the most important evidence. Supporting documents strengthen the case: medical or police records, witness statements, news reports about conditions in your home country, and any proof of the harm or threats you faced. Consistency between your written statement, your interview, and any testimony is critical, because contradictions can undermine an otherwise strong case.

  • Filing for asylum does not grant you status; it requests protection. While your affirmative application is pending, you are generally permitted to remain in the United States as your case is decided. If asylum is granted, you receive asylum status and may apply for a green card after one year. We explain what a pending application does and does not allow.

  • Traveling abroad while an asylum case is pending is risky and can be treated as abandonment of the application, particularly if you return to the country you claim to fear. Anyone considering travel during a pending case should speak with an attorney first. There are documents that may permit travel in limited circumstances, but leaving without proper authorization can end your case.

  • If your asylum application is denied, it does not necessarily mean the end of your case. An asylum office denial typically results in your case being referred to Immigration Court, where you have the opportunity to renew your application before an Immigration Judge. This is known as defensive asylum or removal defense.

    Our firm provides comprehensive representation for both paths; if your case moves to the defensive stage, our team is fully equipped to provide the skilled defense needed in Immigration Court to fight for your right to remain in the U.S. We will guide you through every transition, ensuring your defense remains consistent and strong.

  • Yes. You can include your spouse and unmarried children under 21 who are physically present in the United States as dependents on your affirmative asylum application. They can be added when you file or any time before a final decision is made. If asylum is granted, your included family members generally receive asylum status as well.

  • The affirmative asylum interview is a conversation with an asylum officer, not a courtroom hearing. It typically lasts about an hour. You may bring an attorney, and you must bring an interpreter if you cannot proceed in English. The officer asks detailed questions about your background and your fear of returning home. We prepare clients thoroughly for this interview.

  • If USCIS does not grant an affirmative application and you have no other lawful status, your case is typically referred to an immigration judge, which moves it into a defensive court posture. Because that stage involves removal proceedings, we can refer you to removal-defense counsel. We explain this possibility before you file so you know what a referral would mean.

  • No, though both protect people fleeing persecution. Refugee status is applied for from outside the United States, usually through a referral process abroad. Asylum is for people who are already physically present in the United States or arriving at a port of entry. The eligibility standard, based on the five protected grounds, is the same, but where and how you apply differs.