Asylum protects people who are afraid to return to their home country because they have been, or fear being, persecuted. Asylum law is federal, so the rules are the same in New Jersey as everywhere else.
Who may qualify
To qualify, you generally must show that you fear serious harm because of your race, religion, nationality, political opinion or membership in a particular social group, and that your government caused the harm or can’t or won’t protect you.
The one-year deadline
In most cases, you must apply within one year of your last arrival in the United States. There are limited exceptions, such as changed conditions in your home country or extraordinary circumstances that kept you from filing. Don’t count on an exception. If you’re close to one year, talk to a lawyer now.
People who miss the deadline may still qualify for other protection, such as withholding of removal or protection under the Convention Against Torture. Those are harder to win and come with fewer benefits, so file on time if you possibly can.
Two ways to apply
If you’re not in removal proceedings, you file Form I-589 with U.S. Citizenship and Immigration Services. That’s called an affirmative application, and you’ll have an interview with an asylum officer. If you’re already in immigration court, you file it with the court and present your case to a judge. That’s called a defensive application.
Evidence matters
- A detailed written statement of what happened to you and why you fear returning
- Identity documents
- Medical records, police reports, letters or photos that support your account
- Statements from people who know what happened
- Reports on conditions in your home country
Your written statement and your testimony need to match. Small differences in dates or details can raise questions about your credibility.
Work permits
You can’t apply for a work permit the day you file. You’ll generally have to wait a set period after your asylum application is filed. A lawyer can explain the timing for your case.
Our Plainfield office helps New Jersey residents prepare asylum applications and represents them before USCIS and the immigration court. Call us at 703-649-4848.
