Asylum claims for people living in New Jersey
Asylum protects people in the United States who fear returning to their home country. It is governed by federal law, so the eligibility rules are the same in New Jersey as anywhere else. What differs for New Jersey residents is mainly which USCIS asylum office or immigration court handles the case, and that federal appeals from New Jersey immigration courts go to the Third Circuit.
Usher Law Group helps New Jersey residents prepare asylum applications and present them before USCIS and in immigration court. The firm's office is in Brooklyn, New York. It does not have a New Jersey office.
Who qualifies for asylum
You generally must show past persecution, or a well-founded fear of future persecution, on account of:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
In addition:
- You must be physically present in the United States or arriving at a port of entry. How you entered does not by itself decide eligibility, although it can affect other parts of the case.
- You generally must file within one year of your last arrival, unless an exception for changed or extraordinary circumstances applies.
- You must not fall under a bar, such as having persecuted others, certain serious criminal convictions, security grounds, or firm resettlement in another country.
- Asylum is also discretionary, so the rest of your history matters.
For a fuller explanation, see our main asylum and refugee page.
If asylum is not available: other protection
- Withholding of removal. Requires showing that persecution is more likely than not. There is no one-year deadline, but it does not lead to a green card and does not allow family members to be included. It is granted only by an immigration judge. See withholding of removal.
- Convention Against Torture protection. For people more likely than not to be tortured, by or with the acquiescence of a government official. Also granted in immigration court.
- Voluntary departure. Not a form of protection. It allows a person to leave without a removal order. Anyone who fears harm at home should get advice before considering it.
How the process works
Affirmative applications
If you are not in removal proceedings, you file Form I-589 with USCIS. USCIS sends an appointment notice for biometrics, which are usually taken at an Application Support Center, and later schedules an interview with an asylum officer. If the officer does not grant asylum and you have no other status, the case is usually referred to immigration court.
Defensive applications
If you are in removal proceedings, you file Form I-589 with the immigration court and present your case to a judge. Your hearing location and attendance instructions depend on the court assigned to your case. Review your hearing notice and confirm current information through EOIR. You can check your case on the EOIR Automated Case Information portal.
Appeals
An immigration judge's denial can be appealed to the Board of Immigration Appeals, generally within 30 days. After that, review may be available in the Third Circuit for cases completed in New Jersey.
How we help
- Review your account, your entry date and any criminal or immigration history.
- Decide which forms of protection to request and explain the risks.
- Prepare Form I-589, a detailed declaration and a document index.
- Gather evidence and country conditions material, and arrange translations.
- Prepare you for your interview or testimony and attend with you.
Benefits after a grant
- Protection from removal to your home country
- Permission to work
- The ability to petition for a spouse and unmarried children under 21, within the deadlines that apply
- Eligibility to apply for a green card after one year of physical presence following the grant
- Travel abroad with a refugee travel document, obtained before leaving
What to bring
- Passport, identity documents and proof of your entry date
- Any USCIS, ICE or immigration court notices
- Evidence of the harm or threats and of your political, religious or group activity
- Names of witnesses and any medical or police records
- Any arrest or court records from any state or country
To discuss an asylum case, contact Usher Law Group for a free initial consultation.
Frequently asked questions
Do I need to have been in the U.S. for a year before I can apply for asylum?
No. There is no minimum waiting period. The rule works the other way: you generally must apply within one year of your last arrival, with limited exceptions.
Can I apply for asylum if I entered without inspection?
Asylum applicants must be physically present in the United States or arriving at a port of entry. How you entered does not by itself decide eligibility, but it can affect detention, bond and other parts of the case, so get advice first.
What is the difference between asylum and withholding of removal?
Withholding has a higher standard of proof and no one-year deadline, but it does not lead to a green card and does not cover family members. It is granted only by an immigration judge.
Which form do I use to apply?
Asylum, withholding of removal and Convention Against Torture protection are requested on Form I-589, Application for Asylum and for Withholding of Removal.