The INA provides that an alien who is physically present in the United States or who arrives in the United States, irrespective of his/her status, may apply for asylum. In order to be eligible for asylum, the alien must show that he/she is a refugee, which means the alien must show either persecution or a “well-founded fear” of persecution in the country of nationality, or in which such person last resided, in the case of a person having no nationality, on account of his/her race, religion, nationality, membership in a particular social group, or political opinion. Asylum involves a two-step process: a finding of eligibility under the statute, and a discretionary decision whether to grant asylum (in the discretion of the United States Citizenship and Immigration Services (USCIS)). The government will grant an alien’s request for asylum if he/she can prove that he/she is eligible for asylum, and there are no significant reasons for denying asylum. The individual who is granted asylum is permitted to travel outside of the United States. His/her spouse and children may be granted the same status. Asylum may also lead to lawful permanent resident status.
Contact political asylum lawyer Marc P. Feldman through this Web site to schedule a consultation on immigration and naturalization laws pertaining to religious or political asylum seekers in the U.S.
NJ Immigration Lawyer Marc Feldman defends against Deportation and Removal in Immigration Court. He helps clients apply for asylum in Morris, Essex, Passaic, Union, Hudson, Sussex & Warren Counties