Law Offices of George Giosmas

25 years of experience

asylum Archives

Judge orders immigrants returned to United States

Those who seek asylum in the United States may have the right to remain in Florida or other states while their cases are pending. On Aug. 9, a judge ordered the Trump administration to halt the deportation of a mother and child who were battling to stay in the country. The two were returned from El Salvador to the United States so that the federal government could comply with the order.

ACLU files lawsuit against government on asylum issues

Florida immigration advocates may have heard that, on Aug. 7, the American Civil Liberties Union sued the government for not offering asylum to 12 parents and children. The lawsuit argues that the decision of Attorney General Jeff Sessions to refuse asylum to victims of domestic or gang violence should be invalidated.

Government changes asylum rules

Individuals claiming fear of gang or domestic violence in their home country will automatically have their applications for asylum rejected. This is according to new guidance issued by the Trump administration. It comes about a month after Attorney General Jeff Sessions declared that victims of such violence no longer qualified for protection within the United States. However, individuals can still come to Florida or other states and ask for asylum on other grounds.

The role of medical records in an asylum case

In Florida and throughout the country, there is an intense debate about granting asylum to those who seek it in the United States. However, the Highland Human Rights Clinic and others like it are trying to help corroborate a person's story by finding physical evidence of abuse. Evidence may include burn marks, broken bones that haven't set properly or bullet wounds on a person's body.

How to seek asylum

People who have fled persecution in their home countries to reach Florida and elsewhere in the United States may be able to seek asylum. You may be granted asylum and be allowed to live and work in this country if you came to the U.S. because you were being persecuted on the basis of religion, race, political opinion, nationality or membership in a social group.

Domestic violence victims might not be granted protection

Those who come to Florida or any other state can seek asylum to escape political persecution or fear of violence in their home countries. However, it is unclear whether victims of domestic violence qualify for asylum. That is a question that Attorney General Jeff Sessions is attempting to answer. He is of the opinion that domestic violence is a private criminal matter as opposed to formal government persecution.

Deciding which type of asylum case to pursue

Depending on the facts of a given case, an individual may file either an affirmative or defensive asylum application. An affirmative asylum case begins by filing Form I-589, and after the form is received, an individual will be interviewed by an asylum officer. To file this form, an individual must have been in Florida or anywhere else in the United States within a year of doing so.

Separating parents and children could violate their rights

As a general rule, federal laws take steps to keep parents and children together whenever possible. However, this is not always the case when it comes to those who are seeking asylum in Florida or elsewhere in the United States. According to Amnesty International USA, authorities within the country should stop separating parents from children during this process. Failure to do so would be a violation of human rights in the group's opinion.

Asylum seekers face ponderous wait times

For some Florida residents, emigration from Central America is a frequent topic of discussion. The iron gate at the border between Mexico and the United States is often the site of excessive wait times for those seeking asylum. Asylum seekers come to the U.S. border from throughout Central America for a variety of reasons. Many of them face domestic abuse or persecution in their home countries serious enough that they are willing to endure an arduous journey north. At the end of that journey, they may face wait times stretching on for days.

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