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New Jersey Asylum Lawyer

Practicing since 1987, The Law Offices of Lloyd E. Bennett, Esq., P.C. has the resources, knowledge, and skills necessary to achieve your goals. Our immigration lawyer has 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 asylum case immediately to achieve those goals as quickly as possible. We will keep you informed about your case every step of the way, and we will always respond to your questions or concerns.

Call (201) 330-8883 to schedule a case evaluation with a New Jersey asylum lawyer today. Our services are available in English and Spanish.

How to Qualify for 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 typically seek asylum or refugee status because of past persecution or because they have reason to fear there will be future persecution from their government or groups the government is unwilling to control. If you are currently outside the United States, you would seek refugee protection. If you are already in the U.S., then you would seek asylum.

What Counts as Persecution?

Persecution is when one experiences harm or serious threats that cannot be avoided by moving to another part of the country. The threat would have to be nationwide for the individual to qualify.

Common examples of persecution are:

  • Death threats
  • Discrimination (involving housing, education, even passport issuance, etc.)
  • Imprisonment
  • Interference with privacy
  • Torture
  • Unfair detention

If you have not experienced persecution recently, you may still qualify for political asylum or refugee status. You only need to have a genuine fear of future persecution in your last country of residence. An attorney in New Jersey could help a person determine if they qualify for asylum.

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:

  • Race
  • Religion
  • Nationality
  • 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 U.S. If an application for asylum is made upon entry to the U.S., there will be a credible fear interview to determine initial eligibility for asylum. The asylum seeker must show they have a “well-founded fear” of future persecution in their home country. The Supreme Court defines this as a 10% chance the person would be persecuted for a protected ground if deported.

If the applicant passes the interview, the case will proceed through the Immigration Court. If the applicant is already inside the U.S. and not in removal proceedings, an asylum application can be filed with USCIS if it is filed within one year of entry. In these cases, the case will proceed through the asylum office. If the application is denied, the applicant will be placed into removal proceedings before the Immigration Court.

The applicant may include spouse and children on the application as long as they are in the U.S. at the time it is filed or at any time until a final decision is made in the case. If granted asylum, the applicant may petition to bring a spouse and children from abroad. To include a child, the child must be under 21 and unmarried.

Once an asylum application has been filed and pending for 365 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 subject to a second interview.
  • Work authorization will be granted if the asylum application is approved.
  • After one year, those granted asylum may apply for Lawful Permanent Residency and citizenship thereafter.

A New Jersey lawyer can help a person complete and file their asylum application.

Current Asylum Restrictions

As of May 2023, the Biden administration implemented significant measures that limit who can seek asylum at the U.S.-Mexico border regardless of the fear of returning home. These measures are designed to restrict asylum eligibility for individuals who do not enter through designated “lawful pathways,” while providing specific exceptions and mechanisms to rebut the presumptions of ineligibility. 

Circumvention of Legal Pathways (CLP)

CLP establishes that certain individuals seeking asylum at theU.S.-Mexico border may be ineligible for asylum if they fail to use prescribed lawful pathways.

The rule applies to individuals who:

  • Present at a Port of Entry (POE) without a visa, parole, or pre-scheduled appointment.
  • Enter without inspection (EWI) between POEs.
  • Are apprehended in contiguous waters after May 11, 2023, and before May 11, 2025.

This ban does not apply to individuals who entered lawfully with a visa, parole, or through the U.S. Customs and Border Protection (CBP) One appointment system that has since been discontinued.

There are several exceptions to the CLP ban for the following individuals: 

  • Unaccompanied Children
  • Mexican Nationals and Stateless Individuals
  • Individuals Entering with Parole
  • Individuals Who Couldn’t Access CBP One (no longer in use
  • Asylum Seekers Denied in Another Country

For those who do not meet the exceptions CPL provides a “rebuttable presumption of ineligibility for asylum” for the following

  • Those with medical emergencies
  • Imminent and extreme threats
  • Severe trafficking victim

People who do not use one of the “lawful pathways” spelled out in the regulation will be placed in expedited removal and receive a fear interview with an asylum officer if they warrant an exception and then whether they express a credible fear of return to their country.  The decision is subject to a limited form of review by an immigration judge and there is no appeal of a decision. An attorney in New Jersey could further explain this asylum regulation and exceptions.

In addition, in June of 2024, President Biden suspended all entry at the southern border if there are over 2500 encounters in seven consecutive days. There are limited exceptions to the ban but the border remains essentially closed. 

How Do 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 interview to determine their eligibility
  • Have a financial sponsor inside the United States who will pay the cost of travel to this country and support the refugee once they have arrived

Unfortunately, the U.S government sets the number of foreign nationals able to achieve refugee status, and it cannot be exceeded.  

As of January 27, 2025 all applications for refugee status is suspended. 

What Is Withholding of Removal?

Withholding of removal is similar to asylum, but applicants must meet a higher threshold. People applying for withholding must demonstrate that it is more than 50% likely that they would be persecuted in their home country if they were forced to return. The exception is to prove that they have suffered persecution on account of a protected ground in the past.

Withholding is typically available to those who do not qualify for asylum, such as those with prior Orders of Removal. It can only be granted by an immigration judge after a hearing. A person granted withholding can stay in the U.S. after a judge issues a removal order. The removal is “withheld”; however, the government can still deport the person to a third country if that country agrees to accept them. It does not offer a path to permanent residency and does not allow those granted withholding to bring family members to the U.S. A person granted withholding cannot apply for citizenship, and the withholding is subject to revocation anytime.

What Is Temporary Protected Status?

Temporary Protective Status (TPS) is a form of humanitarian relief designated by the Secretary of Homeland Security. The Secretary of Homeland Security has designated several foreign countries for TPS due to conditions in those countries that temporarily prevent the country’s nationals from returning safely. In certain circumstances, the countries are designated because they cannot adequately handle their nationals’ return.

One can obtain TPS if their country is experiencing:

  • Natural or environmental disaster
  • Ongoing armed conflict
  • Another extraordinary and temporary condition

People granted TPS status cannot be deported from the U.S. and can apply for work permits and travel in some instances. If you are a citizen from one of these countries and meet all of the other eligibility requirements, an asylum lawyer at The Law Offices of Lloyd E. Bennett in New Jersey can help you obtain Temporary Protected Status.

For the most recent alerts from USCIS regarding TPS and currently designated countries click here.

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/re-registration period or 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

You may not be eligible for TPS if the designation is withdrawn. 

Get Assistance from Our New Jersey Asylum Attorney

Winning these cases has become increasingly difficult due to policies put in place by the Trump Administration. If you would like legal advice and assistance concerning an 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 for any of the above benefits. 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. Reach out to a New Jersey asylum lawyer today.