Asylum

NJ Immigration Asylum Lawyer

Non-citizens who are present in the United States or arrive at its border may be granted asylum if they qualify as refugees. A refugee is defined in INA 101(a)(42)(A) as “any person who is outside any country of such person’s nationality or … any country in which such person last habitually resided and 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.” Unlike cancellation of removal or adjustment of status, asylum does not guarantee a non-citizen permanent residence in the United States. However, asylum can provide relief from removal and a grant of asylum may lead to permanent residence. Asylum grants an indefinite status, and the right to work in the United States for the period of time that the non-citizen is entitled to asylum status.

Non-citizens must apply for asylum within one year of entering the United States, unless they can demonstrate the existence of changed circumstances that materially affect their eligibility for asylum or extraordinary circumstances relating to the delay in filing the application after one year. A non-citizen may apply for asylum or analogous relief in three different contexts:

(1)   Upon arrival at the border or airport

(2)   After arrival ordinarily within one year

(3)   During the removal process as a defense to removal

An experienced immigration attorney can review your particular circumstances and can determine whether an application for asylum is warranted and advisable in your situation. In many cases, asylum may be the only remedy from a removal proceeding. Our attorneys will assist you in filing the proper forms and correct paperwork as well as represent you at any hearings before an immigration officer or a judge.  Contact our office at (732) 450-8300 for a free consultation with an immigration attorney today.  At the Law Offices of William A. Proetta, we represent clients throughout New Jersey including, Jersey City, Edison, Elizabeth, Perth Amboy, Woodbridge, Union City, and North Bergen.