Sometimes individuals who have come to the United States are afraid to return to their home country due to the likelihood of persecution. Those to whom this applies may qualify for asylum.
Asylum is a type of legal protection for certain individuals to remain in the U.S. and not be deported if it will endanger their lives. In order to be granted asylum, you must meet several requirements.
Today, the number of asylum claims only continues to grow. The result as to who is granted asylum often hinges on where in the country an immigrant appears and which judge presides over the case. Select cities provide immigrants with a statistically better chance of gaining asylum; New Jersey is one of them.
Immigrants in places that have a lot of immigration attorneys, as well as funding for pro bono attorneys, are more likely to obtain legal representation. Legal representation plays a large role in determining the success of each case.
Confusing Requirements for Asylum
It is tough enough for anyone to understand the legalese and confusing verbiage of asylum requirements. Add to that, English as a second language makes it even more difficult. To make matters worse, the Federal government continues to change these requirements and verbiage over the course of each administration. This is why it is so helpful to obtain an immigration attorney.
How to Apply
Generally speaking, an immigrant must apply for asylum within a year of their last arrival in the U.S. Those who have been previously denied asylum may not apply again, short of being able to demonstrate a change in your circumstances.
USCIS (United States Citizenship and Immigration Services) Form I589 must be prepared to apply for asylum. It requires an affidavit outlining your specific circumstances and the need for asylum. Once you have submitted an application, you are then obligated to partake in an interview where you will discuss these circumstances.
Legal Requirements
In order to receive asylum, you must meet certain legal requirements. Such requirements include:
- At the time that the application is submitted, you must be physically present in the U.S. or at the border
- You must demonstrate that you are unwilling or unable to return to your country of origin due to fear of persecution
- Your fear of persecution may be based on various things such as the likelihood of being tortured or imprisoned because of your political beliefs or activities, being in a group that’s targeted for genocide, or being denied your basic human rights
The Law Office of Michele Alcalde Helps Immigrants in New Jersey Who Are Seeking Asylum
You deserve the best chance of receiving asylum. That is why it is so important to consult with a skilled immigration attorney, who can help you document these circumstances in a way that increases your likelihood of asylum being granted. At the Law Office of Michele Alcalde, we will give you a voice and help you to meet the qualifications necessary for asylum. To learn more or to schedule a consultation, contact us today!
Posted in: Immigration