NEW JERSEY ASYLUM, REFUGEE, & TPS STATUS
What Is Asylum?
People who are unable or unwilling to return to their country of last residence fall into the category of refugees or political asylum seekers. People normally seek asylum or refugee status because of past persecution, or because they have reason to fear that there will be future persecution from their government or groups that the government is unable or unwilling to control.
I have TPS—Can I Be Deported?
Temporary Protective Status (TPS) is a form of humanitarian relief designated by the Secretary of Homeland Security which applies to nationals from certain countries who were present in the US during a designated period of time who are unable to return home due to unusual country conditions such as a large scale national disaster, or armed conflict. People granted TPS status cannot be deported from the US and can apply for work permits and travel in certain cases. For a list of designated countries see the USCIS web site.
How Do I Apply for Asylum?
Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
- Membership in a particular social group
- Political opinion
Asylum applicants have no quota, nor is there a need for a financial sponsor. To apply for asylum, the applicant may be inside or attempting to enter the United States. If an application for asylum is made upon entry to the United States, there will be a credible fear interview to determine initial eligibility for asylum. If the applicant passes the interview, the case will proceed through the Immigration Court. If the applicant is already inside the US and not in removal proceedings, the application is filed with USCIS—and the case will proceed through the asylum office. If the application is denied, you will be placed into removal proceedings before the Immigration Court.
You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made in the case. If you are granted asylum, you may petition to bring your spouse and children from abroad. To include your child on your application, the child must be under 21 and unmarried.
Once an asylum application has been filed and pending for 180 days an applicant may apply for a work permit. One year after an asylum grant, the applicant is eligible for a green card.
As of April 1, 1997, the following adjustments have been made to the application of Political Asylum:
- They must be filed within one year of entry to the United States.
- Applicants are also subject to a second interview.
- Work authorization will be granted if the asylum application is approved.
- After one year, both types may apply for Lawful Permanent Residency.
How Can I Apply for Refugee Status?
To apply for refugee status, one must:
- Physically be outside the United States
- Undergo a U.S. Citizenship and Immigration Services (USCIS) interview to determine their eligibility as refugees
- Have a financial sponsor inside the United States who will pay the cost of travel to this country and support the refugee once he or she has arrived
The number of foreign nationals able to achieve refugee status is unfortunately set by the U.S government, and it cannot be exceeded.
How Can I Apply for TPS Status?
To be eligible for TPS, you must:
- Be a national of a country designated for TPS, or a person without nationality who last resided in the designated country
- File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation
- Have been continuously physically present in the United States since the effective date of the most recent designation date of your country
- Have been continuously residing in the United States since the date specified for your country
You may NOT be eligible for TPS or to maintain your existing TPS if you:
- Have been convicted of any felony or two or more misdemeanors committed in the United States
- Are found inadmissible as an immigrant
- Are subject to any of the mandatory bars to asylum
- Fail to meet the continuous physical presence and continuous residence in the United States requirements
- Fail to meet initial or late initial TPS registration requirements
- If granted TPS, you fail to re-register for TPS, as required, without good cause
Do I Need a Lawyer?
If you want legal advice and assistance concerning your application call our immigration law office today and schedule an initial consultation. During this time, we will review your immigration history and decide whether you qualify. Additionally, we will look at your complete immigration history along with the immigration status of your family to determine if there is another path available.
Only an immigration lawyer can give you legal advice.
Get Immigration Assistance from Our Team
Practicing since 1987, my firm has the resources, knowledge, and skills necessary to achieve your goals. We have helped over 10,000 immigrants with their immigration matters. We are committed to providing you with thorough and detail-oriented legal services, and we promise to begin working on your case to achieve those goals as quickly as possible. We will always respond to your questions or concerns. In addition, my staff and I will keep you informed and educated about your case every step of the way.
Contact us with our short online form or call (800) 909-8129 to share your problems with us.