Asylum Process in New Jersey: Legal Requirements

Seeking asylum in New Jersey is a legal process that allows individuals who fear persecution in their home countries to apply for protection in the United States. The process is governed by federal law, but applicants living in New Jersey may face specific procedural steps based on local immigration offices and courts. Understanding the legal requirements for asylum can help applicants prepare their case and navigate the system more effectively.

Who Qualifies for Asylum?

To be eligible for asylum in the United States, including New Jersey, an applicant must prove that they meet the following criteria:

• They are physically present in the U.S. or seeking entry at a port of entry.
• They are unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution based on one of five protected grounds:
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

Persecution can include threats, violence, imprisonment, torture, or severe discrimination.

Step 1: File Form I-589

The first step in applying for asylum is to file Form I-589, Application for Asylum and for Withholding of Removal with U.S. Citizenship and Immigration Services (USCIS). This form must be submitted within one year of the applicant’s arrival in the United States, unless the applicant qualifies for an exception based on changed circumstances or extraordinary conditions. There is no fee to file the asylum application.

Step 2: Fingerprinting and Background Checks

After submitting Form I-589, USCIS will schedule a fingerprinting appointment for the applicant. Fingerprints are used to conduct background and security checks, which are a mandatory part of the asylum process.

Step 3: Asylum Interview or Immigration Court Hearing

The next step depends on the applicant’s immigration status:

• Affirmative Asylum Process: If the applicant is not in removal proceedings, USCIS schedules an asylum interview at a local asylum office. In New Jersey, interviews are typically conducted at the Newark Asylum Office.
• Defensive Asylum Process: If the applicant is in removal (deportation) proceedings, the asylum case will be heard by an immigration judge at the Elizabeth Immigration Court or the Newark Immigration Court in New Jersey.

During the interview or court hearing, the applicant must present evidence and testimony to support their asylum claim.

Step 4: Decision on the Asylum Application

• Affirmative Process: After the asylum interview, USCIS will issue a decision. If asylum is granted, the applicant gains protection from deportation, can apply for a work permit, and may later apply for permanent residency.
• Defensive Process: In immigration court, the judge decides whether to grant asylum. If denied, the applicant may appeal the decision to the Board of Immigration Appeals (BIA).

Work Authorization

Asylum applicants are eligible to apply for work authorization (Form I-765) if:

• 150 days have passed since filing the asylum application.
• No decision has been made on the asylum claim.

If asylum is granted, applicants may immediately apply for employment authorization.

Legal Representation

While asylum applicants are not entitled to a government-appointed attorney, they have the right to hire legal counsel at their own expense. Several non-profit organizations in New Jersey provide free or low-cost legal assistance for asylum seekers, including:

• American Friends Service Committee (AFSC)
• Catholic Charities of Newark
• Legal Services of New Jersey (LSNJ)

Conclusion

The asylum process in New Jersey involves multiple steps, including filing an application, undergoing background checks, and attending interviews or court hearings. Understanding the legal requirements and procedures is essential for building a strong asylum case. Working with an experienced immigration attorney or a legal aid organization can greatly improve the chances of a successful outcome.