Irvington NJ Immigration Asylum Lawyer

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

What Does Asylum Mean?

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.

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. 

1. If you're in the United States and are in removal (deportation) proceedings, you can proactively apply for affirmative asylum. 
2. 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 Irvington, 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. The Defensive Asylum Deportation Applicant is in Deportation Proceedings; the Respondent has been served with a Notice to Appear (NTA). 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.                                                    

 

How to File for Affirmative Asylum In Irvington, NJ.

To apply for affirmative asylum, you must be present in the United States or at a port of entry. You can remain in the United States while your application is being processed. 

Form I-589

To start an affirmative asylum application, you must complete and file a Form I-589, Application for Asylum and for Withholding of Removal with the U.S. Citizenship and Immigration Services (USCIS). 

This must be done within one year of your arrival in the United States. There are some limited exceptions to this timeframe, such as where your circumstances have changed affecting your eligibility for asylum or extraordinary circumstances caused the delay.  The asylum seeker should consult and attorney for specific direction regarding particular case.

USCIS should send you confirmation of receipt of your application within 30 days. However, most USCIS functions are behind schedule and the person due to the COVID epidemic.

Biometrics Appointment

In addition to confirmation that your application has been received, USCIS will also send you a biometrics appointment notice. You must attend an application support center on your allocated day for your fingerprints to be taken. If the Asylum seeker has a criminal record, it is important to reveal the extent of the record whether the record was obtained in the United States or any other country.

Irvington, NJ. Asylum Appointment

After providing your fingerprints, you will receive a notice of your appointment with USCIS at one of its offices. You can bring an attorney or accredited representative, an interpreter, and your spouse and children to the appointment (if they are applying for derivative asylum). 

Under the INA, an asylum interview should be conducted within 45 days of an application being filed, but as mentioned above the USCIS is often behind due to Covid epidemic.

USCIS Decision

A USCIS officer then decides whether you have a legitimate asylum claim. Under the INA, an affirmative asylum application should be decided within 180 days of an application being filed, unless exceptional circumstances exist. However, it's not uncommon for decisions to take longer. 

The USCIS Officer is just like an Immigration Judge. They have experience and they are familiar with all regulations and applicable law.

 NJ. Immigration Court located in Newark NJ.

If it is unclear whether your asylum claim is legitimate, USCIS will refer your matter to an immigration court to decide. In this situation, you become a defensive asylum seeker.  During this process, the Asylum seeker may qualify for an Employment Authorization Card. The Asylum definition and Standard are the same for Asylum before the USCIS and EOIR in Newark, NJ.

Challenges to Affirmative Asylum

The affirmative asylum process is complex. Here are some common challenges in filing for Affirmative Asylum.  Recently, significant and rapid changes were made to the asylum application process in response to the COVID-19 pandemic. 

• Serious penalties for fraud. It is essential you complete your asylum application truthfully. If you make a fraudulent asylum application or lie about an important fact, the court may find you have made a “frivolous” application. This can result in a lifetime ban from applying for any U.S. immigration benefits. 
• Length of process. Despite the timeframes under the INA, the volume of applications and the COVID-19 pandemic have created a large backlog of affirmative asylum applications and lengthy wait times for decisions. 
• Proving date of entry. If you entered the United States without inspection (for example, by illegally crossing the border), it can be difficult to prove your entry date and show you are applying within the one-year time frame. 
• Risk of removal. If an immigration court rejects your asylum claim, and you do not hold any other valid visa, the court can order your removal from the United States. These orders typically prevent you from returning to the United States for several years. It also places you at risk of being returned to the country you fled from. 
• Lack of credible evidence. The Asylum seeker should seek all the evidence from family members, articles, country reports or any source to verify the basis for asylum.
• Lack of credibility. If the Asylum seeker is adjudicated as incredible in testimony, the USCIS Asylum Officer may deny the Asylum Applicatio.

An asylum immigration lawyer can assist you with your affirmative asylum application and help you navigate these potential challenges. 

Where Can I Find Procedures For Affirmative Asylum Applications In Irvington, NJ?

As mentioned above, an Applicant should seek legal Counsel for Affirmative Asylum or Defensive Asylum. However, the reality is that some people represent themselves in Affirmative Asylum Hearings and Defensive Asylum Hearings. The U.S. Citizenship and Immigration Services Asylum Division has published a Manual for the public entitled "U.S. Citizenship and Immigration Services Asylum Division Affirmative Asylum Procedures Manuel. (AAPM) The Immigration Attorney will be familiar with this manual as well as other useful legal treatises to effectively represent the client. Moreover, Immigration Law is constantly changing the Immigration Attorney can check whether the Infomation is the most up to date information. The Inspector Field Manuels (IMF) are helpful information, but an experienced Immigration Lawyer is in the best position to put all the information in proper legal context.

Contact an Experienced  Asylum and Deportation Immigration Lawyer in Irvington, 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 Irvington, 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.