Court Representation
Political Asylum
You fled persecution, violence, or the threat of death in your home country. The United States offers you protection — but the process is complex and mistakes are costly. Attorney Jesus Reyes has guided hundreds of Miami families to safety.
Political asylum is one of the most complex and high-stakes immigration processes there is. A poorly prepared application can result in a denial — and in many cases, a deportation order. In South Florida, home to large Venezuelan, Cuban, Nicaraguan, and Salvadoran communities who have fled regimes and violence, this process demands an attorney who understands your history, your culture, and the law.
What Is Political Asylum?
Asylum is a form of protection that allows persecuted individuals to remain legally in the United States. To qualify, you must demonstrate that you have been persecuted — or have a well-founded fear of persecution — on account of your race, religion, nationality, political opinion, or membership in a particular social group. These five protected grounds are defined by federal law and international treaties.
There are two pathways to asylum: affirmative asylum, filed with U.S. Citizenship and Immigration Services (USCIS) using Form I-589, generally within one year of arrival in the U.S.; and defensive asylum, raised as a defense before an immigration judge when the person is already in removal proceedings. Each pathway has distinct requirements and strategies.
In Miami, the Law Office of Jesus Reyes, PLLC has extensive experience with asylum cases from Venezuelan nationals fleeing the Maduro regime, Cubans under government repression, Nicaraguans persecuted by the Ortega-Murillo regime, and Salvadorans threatened by gangs the government cannot or will not control. Credibility is the single most determinative factor in asylum cases — and preparing it correctly is the difference between approval and denial.
Who Can We Help?
We represent individuals who have suffered persecution or fear persecution under the following circumstances:
- Venezuelans, Cubans, or Nicaraguans persecuted for political opposition to authoritarian regimes
- Individuals threatened or attacked because of their religion, race, or ethnicity in their home country
- Members of particular social groups — such as women victims of gender-based violence without state protection, or LGBTQ+ individuals facing persecution
- Salvadorans and Hondurans with credible gang threats, particularly where the government fails to provide protection
- Individuals already in removal proceedings who need to present defensive asylum before an immigration judge
- Applicants whose initial asylum claim was denied and who wish to appeal or pursue alternative protection such as withholding of removal or CAT
What Is the Asylum Process?
Case Evaluation & Preparation
We analyze your full history, the legal grounds for your claim, and all available evidence — documents, news reports, country condition reports, witness statements. We build a strong, coherent personal declaration that establishes your credibility before the asylum officer or judge.
Filing Form I-589
For affirmative asylum, we file the I-589 with USCIS within the one-year deadline. For defensive asylum, we file the complete application with the Immigration Court along with all supporting evidence. Every form and every document is reviewed with precision.
Interview or Hearing
We prepare you intensively for your asylum interview with a USCIS asylum officer or your individual hearing before the immigration judge. We practice difficult questions, review your declaration, and accompany you through the process so you arrive with confidence and clarity.
Decision & Next Steps
If asylum is granted, we help you with the next steps toward permanent residence. If denied, we immediately evaluate appeal options before the BIA, withholding of removal, or CAT protection — there is no single path, and we will explore every one of them.
Frequently Asked Questions
I have one year to apply for asylum — what if that deadline has passed?+
The law requires affirmative asylum to be filed within one year of arrival in the U.S. However, exceptions exist for extraordinary circumstances or changed country conditions. If the deadline has passed, other options may still be available: withholding of removal and Convention Against Torture protection do not carry the one-year bar. Contact us to evaluate your specific situation.
What is the difference between affirmative and defensive asylum?+
Affirmative asylum is filed voluntarily with USCIS when you are not in removal proceedings. Defensive asylum is raised as a defense before an immigration judge when removal proceedings are already underway. The legal standard is the same, but the forum, the process, and the strategy differ significantly.
What is withholding of removal and how is it different from asylum?+
Withholding of removal is an alternative form of protection with a higher burden of proof: you must show that your life or freedom "would be threatened" if deported. It does not lead to permanent residence or family petitions, but it protects you from deportation to your home country.
How long does an asylum case take in Miami?+
Timelines vary significantly. Affirmative asylum with USCIS can take from 6 months to over 2 years depending on the backlog. Defensive asylum before immigration court may take 1 to 3 years or more. While your case is pending, you can apply for work authorization (EAD) after 180 days.
Can my family also obtain asylum?+
Yes. If you are granted asylum, your spouse and unmarried children under 21 who are in the U.S. can be included as derivatives on your application. Family members abroad can apply for reunification within two years of your asylum approval.
Related Services
Deportation Defense
If you have active removal proceedings, we must defend your case in court — asylum is a key defense strategy.
Humanitarian Parole
For family members abroad who cannot wait — humanitarian parole may provide an urgent pathway to enter the U.S.
Immigration Appeals
If your asylum application was denied, you have appeal options before the BIA and federal courts.
Your situation has a solution.
Schedule a consultation of up to 30 minutes with Attorney Jesus Reyes and learn your legal options. $200.
Schedule Consultation — $200Or call: (888) 644-3683