The Law Office of Charles Dawkins Jr. 908-9962 practices is an Immigration Lawyer who practices Asyluml for people who live in Jersey City, New Jersey. The Law Office of Charles Dawkins Jr., LLC is located near Jersey City, NJ.. The law office also represents asylum seekers who want a deportation lawyer because the person has been served with a Notice to Appear. . The diversity of the Jersey city NJ residents attracts many Asylum Seekers to the City of Jersey City, NJ. Jersey City, New Jerseyis one of the most populous cities in New Jersey. The Law Office of Charles Dawkins Jr. LLC represents Asylum seekers who are unwilling or unable to return to his or her home country because of past persecution or a "well founded fear" of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. INA § 101(a) (42)
Any undocumented person who enters the United States will face many perils because of the inability to legally work within the United States. Asylum offers people who qualify under the statute to obtain Employment Authorization Documents (EAD) to work legally within the United States. The Attorney Charles Dawkins Jr. Esq. has been practicing law for over 20 years and he has represented clients in Affirmative Asylum and Defensive Asylum Hearings, and Appeals to the Board of Immigration Appeals
Understanding the Basis For Qualifiying for Asylum?
Immigration law has established foundational criterion for qualifying for Asylum in the United States. The asylum process in the United States offers protection to individuals who have fled their home country and are unable to return due to a fear of persecution. As mentioned above in order to qualify for asylum, a person must be a refugee and in the United States when they apply for protection. Section 101(a)(42) of the Immigration and Nationality Act (INA) defines a refugee as someone who is unable to return to their home country due to persecution or a fear of persecution based on their:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
The Asylum Applicant or Respondent has the burden of proof to demonstrate that there is a "reasonable possibiity" that he or she will be persecuted. INS v. Cardoza-Fonseca, 480 U.S. .421, 438-439 (1987) (Citing INS v. Stevic, 467 U.S. at 424, 425 (1984). This standard requires the Immigration Law Firm to establish a logical presentation to the Asylum Officer or the Immigration Court. Truthfully, the lawyer must establish a logical path based on as much evidence as possible to prove persecution. Statistically, most people who seek Asylum do not obtain Asylum, however, if a person will face persecution because of the above reasons they must file for Asylu.
What are Examples of Reasons That Different Federal Circuit Courts have deemed persecution for Asylum?
Elizabeth, NJ is within the jurisdiction of the 3rd Circuit Federal Court. At the Law Office of Charles Dawkins Jr. LLC the goal is to first be forthright as to the facts of the applicant's case and secondly, to present the best possible Asylum case. Some Circuit Courts have held the below as persecution for Asylum:
- Rape or Sexual Assault Shoafera v. INS, 228 F.3d 1070, 1074 (9th Cir. 2000)
- Female genital mutilation Barry v. Gonzales, 445 F.3d 741, 745 (4th Cir. 2006) Mohammed v. Gonzales, 400 F.3d 785, 796 (9th Cir. 2005); Abay v. Ashcroft, 368 F.3d 634, 638 (6th Cir. 2004); Abankwah v. INS, 185 Fd. 3d 18, 23 (2d Cir. 1999; Matter of Kasinga, 21 I&N Dec. 357,365 (BIA 1996)
- Forbidding Person from practicing his or her religion Bucur v. INS, 109 F.3d 399, 405 (7th Cir. 1997)
The Law Office of Charles Dawkins Jr. LLC is licensed to practice law in the Third Circuit Court of Appeals. Moreover, the Law Office of Charles Dawkins Jr., LLC has experience in writing Appeals to the BIA, Third Circuit Court, and an Appeal to U.S.Supreme Court.
There are two pathways to applying for asylum in the United States.
- If you're in the United States and are in removal (deportation) proceedings, you can proactively apply for affirmative asylum.
- If removal proceedings have already been started against you in immigration court, you can apply for defensive asylum.
You can file for affirmative asylum regardless of your immigration status in the United States—whether you hold another temporary visa like a student visa, your immigration status has lapsed or expired, or you entered the United States illegally.
The asylum process is a pathway to permanent residency. You can apply for a green card one year after being granted asylum.
What is the Difference Between Jersey City, NJ. Affirmative Asylum Applicant And Defensive Deportation Asylum Respondent?
An Affirmative Asylum Application is initiated by the Applicant usually within one year of entering the United States in any status. The Affirmative Asylum Applicant has not been served with a Notice to Appear (NTA) and the Affirmative Asylum Applicant is not in Deportation Proceedings. Below are some of the reasons for a Deportation Defensive Asylum Hearing: Affirmative Asylum Application
- Crimes of Moral Turpitude INA § 237 (2) (A) (i) (I) &(II)
- Multiple criminal convictions INA § 237 (2) (A) (ii)
- Aggravated Felony INA § 237 (2) (A) (iii)
- Controlled Substances INA § 237 (2) (B) (i) & (ii)
- Certain Firearms Offenses INA § 237 (2) (C)
- Crimes under Domestic Violence INA § 237 (2) (E)
The most basic reason to be in a deportation hearing is to enter the United States without inspection and then to assert asylum. The Department of Homeland Security will issue a Notice to Appear for a Master Hearing Calendar Date. The Law Office of Charles Dawkins Jr., LLC has experience in Federal and State Criminal law, so the law office will be able to evaluate the relationship between the underlying criminal charge and deportation.
What Are Factual Reason Why A Jersey City Respondent May Seek Defensive Asylum
Defensive asylum may be available in the following situations:
- Where you have applied for affirmative asylum and the U.S. Citizenship and Immigration Services (USCIS) has not granted asylum, the USCIS will refer your case to an immigration court for determination.
- Where you are in removal proceedings after being arrested by the U.S. Immigration and Customs Enforcement (ICE) for living in the United States without the necessary documentation.
- Where you are in removal proceedings after requesting asylum at a port of entry or crossing the border without the necessary legal documents. In these circumstances, you face expedited removal proceedings. Before you can go to an immigration court, you must have a “credible fear interview” with an asylum officer to determine whether you have a credible fear of persecution. If the officer believes you qualify for asylum, they will refer your request to an immigration court. If the officer rejects your asylum application, you will be deported unless you request a decision review.
- Where you are Arrested for violating sections under INA § 237 and are deemed deportable by the Department of Homeland Security.
How to File for Defensive Asylum
Asylum cases are all different, so the process may not be quite the same for each case. There are certain aspects of the process, though, that are the same. Here is an overview of the Defensive Asylum process.
Initial Hearing
The first step in the defensive asylum process is a master calendar, or initial, hearing. If you have a lawyer, the judge often will ask the Judge will establish the basis for removability and request whether the Attorney concedes removability based upon the charges. The lawyer may ask for an adjournment, contest removability, or other legal positions based upon the facts of the Respondent's Immigration case. If the lawyer concedes that the Respondent is removable to his country of birth, he may assert Relief.
Defensive Deportation Asylum is one relief under the Immigration laws. The Respondent should consult an Immigration Lawyer to evaluate the specifics of his case.
If you do not have a lawyer, the court provides you with a list of pro bono (free) lawyers and lists your matter for another interim court date.
Asylum Application
If you were apprehended at a port of entry or by ICE while living illegally in the United States, you must file a Form I-589, Application for Asylum and for Withholding of Removal. You do not need to file this form if you have been referred to a court by USCIS following an affirmative asylum application.
You file a Form I-589 with the court that hears your application. You must file it within one year of your arrival in the United States unless you can show that either (1) circumstances have changed affecting your eligibility for asylum; or (2) extraordinary circumstances caused the delay.
The judge may direct you to file the form sooner. It is important to follow any directions the judge gives you on timeframes to ensure your case progresses.
Supporting Documents
Before your final hearing, you can submit supporting evidence to the court and update your Form I-589 if any details have changed.
Evidence that may support your asylum claim includes:
- Your personal statement
- Medical records
- Expert reports
- Human rights reports
- Evidence of the persecution you suffered in your home country.
For example, you can provide photos, witness statements, or police reports.
The judge will give you a deadline to file these documents, typically 15 days before your final hearing.
Biometrics Notice
After filing your petition, you need to attend an Application Support Center (ASC) for your fingerprints to be taken by the USCIS.
Merits Hearing
At the individual, or merits, hearing, the judge hears the evidence and decides your case. Your attorney will question you, allowing you to explain why you fled your country and fear returning.
The government attorney will also question you. The judge may ask questions throughout the hearing.
You can call witnesses to support your case, like friends or family who can speak about your experiences or a country expert who can explain the risks of returning to your country.
The judge may give a decision on the day of your hearing, but it can also be delayed until a later time.
Is It Better To Hire A Local Attorney?
Immigration law is different than Criminal Law where every State has its own Criminal Statutes and Local Procedures, Immigration Law is Federal Law which applies to all the States. However, the Appeals Law is 3rd Circuit Appeals Law. New Jersey is a very small State; the Client should hire the Immigration Lawyer who best represents them. The locality should be a secondary issue---we are dealing with persecution if the person goes back to the country which is very serious. The Law Office of Charles Dawkins Jr. Esq. is located near Jersey City, New Jersey, so locality is not an issue. The Law Office also offers Video Appointment.
Contact an Experienced Asylum and Deportation Immigration Lawyer in Jersey City, NJ. Today.
if you have faced persecution or have a well-founded fear of facing persecution upon returning to your home country, you must seek asylum . The alternative is prohibitive for a civilized society. Our NJ Immigration lawyer can help you make sure you put forth your best effort to get this protection. Contact Law Office of Charles Dawkins Jr. LLC. today by filling out the online form or calling us at 908-962-9929 to schedule a Consultation.