Empowering Immigrants, Strengthening America
Filing for asylum in New Jersey can put a deportation case on hold. Once a valid application is submitted, immigration authorities generally cannot carry out removal while it is under review. Asylum protects you when facing persecution in your home country and pursuing it as part of a deportation defense may stop proceedings already underway.
How Do I Apply for Asylum?
Your eligibility hinges on demonstrating a well-founded fear of persecution based on race, nationality, political opinion, religion, or membership in a particular social group. The persecution must be based on one of these protected grounds and stem from your home country’s government or from forces it cannot control.
Affirmative Asylum
Affirmative asylum applies to individuals not currently in removal proceedings. Submit a Form I-589, the Application for Asylum and for Withholding of Removal, within one year of arriving in the United States.
After submitting your form to the United States Citizenship and Immigration Services, you attend a non-adversarial interview with an asylum officer at one of the regional offices serving New Jersey residents, often the Newark Field Office or Mount Laurel sub-office.
Defensive Asylum
Defensive asylum applies when you are in removal proceedings and request asylum as a form of relief before an immigration judge. In New Jersey, these cases are usually heard at the Newark Immigration Court, where adversarial proceedings allow government attorneys to challenge the claim while you present testimony, witnesses, and supporting documentation.
Supporting Documentation for Seeking Asylum
Strong applications rest on credible documentation corroborating your fear of returning to your home country. Gathering records from multiple sources strengthens your claim and helps adjudicators see the full scope of your situation. Documentation includes the following:
- Personal declaration detailing past persecution
- Country conditions reports from human rights organizations
- Medical records documenting injuries from past harm
- Police or government reports, if obtainable
- Affidavits from family members or witnesses
- News articles describing dangers in your region
- Identity and nationality documents
Automatic Stay of Removal
Filing a timely asylum application typically triggers an automatic stay of removal under federal regulations. Under 8 CFR § 208.7, applicants with pending claims pending more than 150 days may also become eligible to apply for employment authorization while the case continues.
Pending Application Protection
While your application remains pending, deportation cannot proceed against you in most circumstances. However, travel outside the country, criminal convictions, or missed hearings can disrupt this protection. Attending every scheduled appearance at the Newark Immigration Court matters significantly.
Taking Immediate Action to Stop Removal
From warehouses in South Jersey to construction sites in Camden County, employers across the state frequently rely on immigrant workers who deserve a fair hearing before any removal decision becomes final. Removal proceedings move quickly, and missed deadlines can close doors that may never reopen.
Don’t wait to retain quality legal representation. Call DeCosmo Law at 856-361-2122 to schedule your consultation with our deportation defense lawyers in New Jersey who can review your circumstances and identify the strongest path forward under federal asylum law.