Newark Asylum Attorneys 

Compassionate Assistance for Immigrants Fleeing Persecution

What Is Asylum?

Asylum provides protection to individuals already present in the United States who fear persecution in their home country. To be eligible for asylum, the persecution must be from the government or individuals/organizations who the government is unable or unwilling to control. Furthermore, the persecution must be based on race, religion, nationality, political opinion, or membership in a particular social group.

Typically, individuals must apply for asylum within one year of their arrival in the United States. However, exceptions exist, such as changing conditions in the home country or extraordinary circumstances preventing earlier application. Individuals granted asylum can be granted permanent residency after one year.

For detailed information and to initiate your case with Murray Osorio PLLC, promptly contact our asylum attorneys in Newark via online form or call (862) 465-9035. Se habla Español.

Proving Eligibility for Asylum 

The process of proving eligibility for asylum can be challenging and stressful. Timely completion is crucial in immigration cases, and engaging an experienced lawyer is essential for success. Our Newark asylum lawyers are dedicated to providing personalized legal services, guiding you through every step of the legal process.

Persecution can take various forms, including death threats, violence, torture, detention, or severe economic deprivation. Asylum seekers must establish a "well-founded fear" of persecution if they were to return to their home country to qualify for asylum in the United States. 

Understanding Convention Against Torture (CAT) 

The United Nations Convention Against Torture offers protection to individuals who fear torture by the government or at the acquiescence of the government in their home country. Applicants must demonstrate that it is more likely than not that they would face torture upon return. Relief under CAT can be sought at any time, irrespective of an individual's criminal history.

Withholding of Removal 

Withholding of removal requires the applicant to demonstrate that it is more likely than not that they would face persecution based on a protected ground upon return. Individuals granted withholding of removal can seek work authorization but cannot adjust their status to become legal permanent residents or petition for derivative status for immediate relatives. Those who have engaged in persecution or have been convicted of particularly serious crimes are barred from seeking withholding of removal. Only an immigration judge can grant withholding of removal.

How Long Does The Asylum Process Take?

Several factors, including the intricacy of the case, the backlog of cases at the immigration court, and the particular circumstances of the asylum seeker, can greatly affect how long the asylum process takes. In general, the procedure may require several months to many years. The first interview with U.S. Citizenship and Immigration Services (USCIS) usually takes place a few weeks to months after an asylum claim is filed. But it could take a lot longer for an applicant to hear back because of backlogs.

For cases that are referred to an immigration judge, the timeline can extend further, often taking years due to the overloaded immigration court system. Applicants are advised to prepare for a potentially lengthy process and seek legal representation to navigate the complexities of asylum law and procedure efficiently. While waiting, applicants might experience significant uncertainty, but keeping informed about their case status and maintaining contact with their immigration lawyer for asylum can help manage expectations during this period.

If you are seeking asylum or facing persecution, rely on the compassionate assistance of our Newark asylum attorneys at Murray Osorio PLLC. Contact us today at (862) 465-9035 to discuss your case. Our services are available in English and Spanish.