Asylum

Asylum Attorney in Miami

Former Prosecutors Handling Asylum Cases in Miami-Dade County

Asylum is a form of legal protection under U.S. immigration law for individuals who have fled persecution or face a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The process is demanding, the stakes are high, and Miami’s immigration docket is the largest in the country. At Hubbs Law, P.A., we handle asylum cases for clients throughout Miami-Dade County and South Florida, working directly with each client rather than delegating to paralegals or secretaries.

Our combined criminal defense and immigration practice gives us a position most immigration attorneys can’t offer. If your asylum claim intersects with a criminal record or pending charges, we understand both sides of that equation from the start.

If you need an asylum attorney in Miami, call us at (305) 570-4802. We return calls typically within one to two hours and offer free consultations for some immigration cases.

Why Attorney Experience Matters at Miami Immigration Court

Miami Immigration Court has 20 active immigration judges, and grant rates vary considerably from judge to judge. Unrepresented asylum seekers face denial at dramatically higher rates than those with counsel. Having an attorney who knows this court, understands how government attorneys build their cases, and can prepare a complete record matters.

E.J. Hubbs and Erika Hubbs are both former prosecutors. That background means we understand how the government’s attorneys approach cases and how to anticipate and counter their presentation. E.J. Hubbs is also Board Certified in Criminal Trial Law by the Florida Bar, a distinction held by very few attorneys in Florida. Together, we’ve represented clients in removal proceedings, including individual merits hearings and appeals, and our firm has handled thousands of clients across criminal defense and immigration matters.

Our recognitions include an Avvo 10 rating, National Trial Lawyers Top 100, Super Lawyers, and an AV Preeminent 2023 rating. We also serve Spanish-speaking clients.

Affirmative & Defensive Asylum: How We Handle Your Case

Asylum cases fall into two tracks, and we handle both.

Affirmative Asylum
If you’re not currently in removal proceedings, you can apply proactively by filing Form I-589 with U.S. Citizenship and Immigration Services, generally within one year of arriving in the United States. We help you prepare a complete and consistent application, including personal statements, country condition reports, and supporting documentation. Inconsistencies or omissions can significantly harm the outcome, and we work to build a thorough record before it goes in.

Defensive Asylum
If you’re already in removal proceedings, asylum can be raised as a defense before an immigration judge at the Miami Immigration Court. We represent clients at individual merits hearings and, when necessary, on appeal.

Where your situation involves a criminal record or overlapping charges, our dual practice lets us assess how that history affects your asylum claim and what relief options remain available. This is the crimmigration intersection: when criminal consequences and immigration consequences collide, you need an attorney who handles both.

What Asylum Status Can Mean for You & Your Family

An approved asylum seeker can apply for an Employment Authorization Document and a Social Security card. After one year of asylum status, you may apply for lawful permanent residence. After five years as a lawful permanent resident, you may apply for U.S. citizenship. These are the steps clients can work toward with a granted asylum claim.

Asylum applications can also include a spouse and unmarried children under 21 who are in the United States as derivatives, allowing them to receive the same protection under the same application.

Start Your Asylum Case with a Consultation

Asylum cases are time-sensitive and complex. The sooner you speak with an attorney, the more options you’re likely to have. Hubbs Law, P.A. serves clients throughout Miami-Dade County and South Florida and can be reached by phone or through our online contact form.

Call (305) 570-4802 to speak with an asylum lawyer at our Miami firm. We typically return calls within one to two hours.

Who Qualifies for Asylum in the United States

To qualify for asylum, you must demonstrate a well-founded fear of persecution based on one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. Generalized danger or poverty, while serious, doesn’t meet this legal standard. The fear must be credible, well-founded, and tied to one of these grounds.

Certain factors can make an applicant ineligible regardless of their fear of persecution. These include:

Firm resettlement in a third country before arriving in the United States
Participation in the persecution of others on account of a protected ground
Conviction of a particularly serious crime, including certain aggravated felonies
A prior asylum application denial without changed circumstances or new facts
Security-related bars, including terrorism-related grounds or posing a danger to the security of the United States

There is no annual cap on how many individuals can be granted asylum. There is a separate annual limit on the number of asylees who may apply for a green card, but no ceiling on asylum grants themselves.

The One-Year Filing Deadline

Under U.S. immigration law, an asylum application must generally be filed within one year of arriving in the United States. This deadline is a firm rule with limited exceptions. Changed circumstances affecting eligibility or extraordinary circumstances that caused the delay may qualify, but these exceptions are narrow and must be carefully documented.

Missing the deadline doesn’t necessarily eliminate all relief options. Withholding of removal and protection under the Convention Against Torture remain available to some applicants, but both are harder to obtain and offer less permanent protection than asylum.

Miami’s immigration docket is among the largest in the country. Filing promptly matters not only for eligibility but for your position in the processing queue. If you’re uncertain whether you’re still within the deadline, speaking with an asylum attorney in Miami as soon as possible can help you understand your options.

Asylum Claims & Criminal History

A criminal record can affect asylum eligibility in specific and serious ways. A conviction for a particularly serious crime, including certain aggravated felonies, can bar an applicant from asylum under the Immigration and Nationality Act. Some convictions trigger mandatory bars; others may be weighed by the immigration judge without automatically disqualifying the applicant.

Accurate disclosure matters. All arrests and convictions must be reported on the asylum application. Omissions discovered during adjudication can result in denial or referral to removal proceedings, compounding an already difficult situation.

This is where Hubbs Law, P.A.’s combined practice provides a concrete advantage. E.J. Hubbs and Erika Hubbs are both former prosecutors who understand how criminal history is weighed in immigration proceedings. We can assess how your record interacts with your asylum claim, advise on what relief remains available, and handle both dimensions of your case without coordinating between separate firms. For clients navigating criminal charges and immigration consequences at the same time, that integrated perspective can be difficult to find elsewhere in Miami.

Continue Reading Read Less

Contact Hubbs Law, P.A. Today

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Hubbs Law, P.A. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Attorneys E.J. & Erika Hubbs

As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.

More About Us

Committed to Excellence

Client Testimonials

"If you ever need an attorney E. J. and the whole Hubbs Law Family is the attorney you need"

Dre Dre
"I honestly feel beyond lucky to have had their guidance and support in a time I felt vulnerable in this immigration climate."

Zoe Gorospe
"They would take our calls for the smallest questions, answer our emails and guide us through the entire process."

Dolsin Rivas
"E J Hubbs ,is very professional, knowledgeable, always available, responds quickly, and follows up."

Dr. Rajiv B
"From day one he has been honest, responsive, professional, knowledgeable with the law and extremely patient."

Melissa Fernandez
"He followed up on a timely manner and I never had to chase him down for a follow up."

TRUJR