For many trying to escape persecution in their home country, asylum is a godsend. If you’re looking for protection here in the U.S. under asylum, please don’t hesitate to contact a competent New Jersey asylum lawyer who can help guide you through the immigration process ahead.
Who Qualifies for Asylum in the U.S.? Ask Our NJ Asylum Lawyer.
The U.S. allows those people for asylum if they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group or political opinion.
Note that Form I-589 must be filed within one year of arriving in the U.S. Our New Jersey immigration lawyer can help you do so.
Employment authorization may be applied for if 150 days have passed since the application has been filed and no decision has been passed on that application. If asylum is granted, then asylees may work immediately and there is no need to apply for work authorization.
Spouses and unmarried children below the age of 21 years are allowed to travel with the asylee, provided the asylee petitions for them within two years of being granted asylum.
Asylees may apply for a green card one year after being granted asylum.
What is Affirmative Asylum?
Affirmative asylum is for those people who are physically present in the U.S. and are not in any removal proceedings before an immigration judge. Form I-589 must be filed within one year of the latest arrival in the U.S. In the event asylum is not granted then that person has no legal immigration status in U.S. and Notice to Appear before an immigration judge may be issued. A new decision will be made on the asylum application by the immigration judge.
Defensive Asylum Processing With the Court
If a person requests asylum as a defense against removal from the U.S., then it is defensive asylum. The person must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR). There are two ways in which defensive asylum can be processed:
- USCIS has declined the asylum application and that person is before the Immigration Judge,
- The person is in removal proceedings because they:
- Were apprehended (or caught) in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status, OR.
- Were caught by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an Asylum Officer.
If the person is found to be eligible, then the immigration judge will grant asylum. If that person is found to be ineligible for asylum, then the immigration judge will also determine whether the person is eligible for any other form of relief from removal. If that can also not be done, then the person will be ordered to be removed from the U.S. The immigration judge’s decision is appealable.
Withholding of Removal
In some cases, a person in fear of persecution in their home country may request withholding of removal (with the help of an asylum lawyer) to prevent their deportation from the country. The standard is higher than asylum itself and the decision is ultimately in the hands of an immigration judge. You must prove that you will face persecution due to a protected ground (race, religion, political affiliation, etc.) if you return to your native country.
Contact an Asylum Lawyer Today
Our legal team has fought to protect countless individuals who wish to remain here in the U.S. on the basis of asylum over the years, and we’re prepared to fight for you as well. Contact the Law Offices of Aditya Surti, LLC today to schedule your consultation with our dedicated immigration law firm.