Asylum is available to you if you are entering the US or are physically in the US if you have a
reasonable fear of persecution due to membership in a race, religion, nationality, particular social group
or political opinion if you were to be returned to your country of origin.
The legal definition of a refugee in the United States is "any person outside his or her country of
nationality, or in the case of a person having no nationality, his or her last habitual residence, who is
unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of
that country because of persecution or a well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group or political opinion." INA §101(a)(42)(A), 8 U.S.C.
§1101(a)(42)(A). Obtaining asylum status is not guaranteed even if you fulfill all of the above criteria.
Because asylum is discretionary, it is important to put forward the best case in order to successfully
obtain such status. Additionally, immigration law is highly complex. Therefore, it is advisable that you
consult a skilled and knowleagble attorney to pursue your case.
There are certain grounds of ineligibility for asylum if you have persecuted others on the basis of race,
religion, nationality, membership in a particular social group, or political opinion, if you have
committed a serious non-political crime outside the US, have committed an aggravated felony in the US,
have resettled to another country, are a danger to the community or are inadmissible based on terrorism
You must file for asylum within one year of having entered the United States. However, even if you
failed to file for asylum within a year of entry, contact the Bano Law Firm P.L. to discuss your case
with us. You might be able to bypass the one year requirement if you can show extraordinary
Keep in mind that you must be physically present in the United States or port of entry or border entry
in order to be able to file for asylum. If you are in removal proceedings, we may be able to file for
asylum as well.
Some of the benefits associated with a successful asylum process include:
-ability to stay in the US. The US government can get you removed if it can a substantial change in
circumstances in your home country.
-your spouse and other children under the age of 21 could obtain the same status as you
-you can apply for legal permanent resident status within a year of the grant of asylum
If you have any further questions regarding immigration law such as naturalization, deportation,
permanent visas, working in the United States, traveling abroad or employer compliance, contact the
Bano Law Firm P.L at 407 437 4398. We speak French, Italian, and Albanian. We provide a free initial
*The information on this website should not be construed as legal advice. Use of information on this
site does not form an attorney-client relationship."
Call an Orlando Personal Injury, Criminal Defense, Family Law, Immigration, Bankruptcy Lawyer now
for a free initial consultation to discuss your Personal Injury, Criminal Defense, Traffic, Immigration,
Family Law or Bankruptcy case. Bano Law Firm P.L. provides aggressive legal representation for
Personal Injury, Criminal Defense, Family Law, Traffic, Immigration, or Bankruptcy in Orlando,
Winter Park, Tampa, Oviedo, Sanford, Winter Park, Winter Garden, Winter Springs, Cocoa, Cocoa
Beach, Melbourne, Kissimmee, Casselberry, Maitland, Altamonte Springs, Lakeland, Daytona Beach,