Asylum Attorney In New Jersey & New York

The U.S. continues to serve as a haven for foreign nationals who can demonstrate that they have a well-founded fear of persecution on account of:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Foreign nationals seeking asylum in the U.S. must demonstrate that they are refugees who have suffered harm or fear future harm on account of one of these five protected grounds.

They have the burden of proving that the harm suffered in their home country rises to the level of persecution. Persecution generally includes the actual or threat of physical and psychological harm. Other harm, such as social harm, will be considered as part of the cumulative harm suffered. Defining whether an asylum- seeker falls within a "particular social group" can be quite challenging. Through the years, case law has helped define the types of claims that may qualify for asylum based on membership in a "particular social group." For example, it has been established that victims of domestic violence and individuals persecuted on account of their sexual orientation may apply for asylum. Our knowledgeable attorneys can evaluate whether harm you have suffered or fear is based on a protected ground and whether you may qualify for asylum.

This rule is generally strictly enforced and asylum-seekers should make every effort to file within their first year in the U.S. There are a few exceptions to the one-year filing deadline. Our attorneys can help you identify "changed circumstances" or "extraordinary circumstances" which might constitute an exception to the filing deadline. If you have passed the one-year filing deadline, you may still be eligible to apply for Withholding of Removal or Protection Under the Convention Against Torture (CAT). Asylum, Withholding of Removal and CAT applications are filed on Form I-589. Once your I-589 application is filed, you may be able to apply for employment authorization under certain circumstances.

If you win your asylum case, you will not only be able to live safely in the U.S. but will enjoy many privileges. You will be able to immediately apply for employment authorization and a refugee travel document. You will also be able to file a refugee petition to bring your spouse and minor children to the U.S. if they are abroad. One year after you have been granted asylum, you will be eligible to file for adjustment of status. If your adjustment application is granted, you will receive your "green card" with which you can live peacefully in the U.S. and with all the rights of a legal permanent resident.