What is asylum?

New Jersey Asylum Attorneys

If you are a foreign national who is afraid of unjust persecution in your home country due to differing political opinion, nationality, race, religion or your membership in a specific social group, you may be granted the status of asylum. Asylum allows foreign nationals to stay within the United States so they don’t need to face unfair persecution in their home country. A foreigner living outside of the United States can also apply for this refugee status as long as they follow under the same criteria listed above, thanks to The Refugee Act of 1980.

The origin of the individual’s “fear of persecution” must be the individual’s home country government or a political or social group that the home country’s government is known to not have any control over. Proving that the individual applying for asylum status has also experienced past persecution either by their home country’s government or uncontrollable group in the home country, it helps establish why there is a fear of persecution. Then the individual asylum applicant must do what they can to prove that the initial circumstances of the past persecution have not changed since then and that further persecution will occur once the individual returns to their home country or show that in relocation of the individual to another part of the home country is not a reasonable solution as the persecution is still likely to occur in that area.

If the foreign national applying for asylum already has legal immigration status in the United States, he or she must submit form I-589 with the United States Citizenship and Immigration Services (USCIS). If the asylum application happens to get denied, the individual can still remain in the United States with their previous immigration status in tact. However, if the individual applying is a foreign national who is here illegally, he or she may be taken to Immigration Court and risks removal from the country in the event their asylum application is denied. But, this individual may be able to withhold removal and be eligible to apply for the Convention Against Torture. Even though this will keep the individual in the United States, it does not necessarily lead to permanent residency.

Given what is at risk, obtaining a professional and experienced asylum attorney is critical towards your own personal safety and freedom. Don’t settle for sub par legal representation when your life is on the line. The Law Offices of Jef Henninger, Esq., has numerous decades of experience and has a team of tough, smart New Jersey asylum lawyers ready to fight for you. Contact us at 732-383-6242 to schedule a free initial consultation today!

Posted on March 28, 2013, in Articles and tagged , , , , . Bookmark the permalink. Leave a comment.

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