New Jersey, What qualifies a person for asylum?

Asylum is a form of protection the government extends to individuals of another country who have either suffered persecution or are fearful that they will suffer persecution because of their race, religion, nationality, participation in a particular social group, or political opinion.1 When an individual enters the U.S. seeking asylum, they are ultimately looking for permission from the U.S. government to stay in the U.S.

In order for a person to qualify for asylum, a person must be considered a refugee and can show that they either suffered persecution or fear with will suffer persecution. If an asylum officer determines that an individual meets the definition of a refugee and has adequate evidence to support their request for asylum, they may grant it.


When should an individual apply for asylum?


Anyone seeking asylum can either apply at a port of entry or within one year after they arrive in the U.S. USCIS says a person’s immigration status will not be taken into account at the time they apply. Essentially, what this means is that if an individual is living in the U.S. illegally, they can still apply for asylum, according to USCIS.


What can cause a person’s request for asylum to be denied?


If an individual applies for asylum after living in the U.S. for more than one year, then their request may not be granted. Asylum applicants might also be turned away if they were convicted of a certain type of crime.

Because an individual might still be granted asylum even when they have a criminal conviction on their record, they shouldn’t assume they don’t qualify. Instead, they should consult with a New Jersey immigration lawyer who can assess their circumstances and determine if applying would be in their best interest.

Some of the other reasons why an asylum application may be denied include:

  • The individual “ordered, incited, assisted, or participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political group.”
  • The individual poses a danger to the security of the U.S.
  • The individual was firmly resettled in another country prior to arriving in the U.S.”


Looking to apply for asylum?


If an individual wants help with filling out their asylum application or would like to find out if they qualify to apply, they will want to contact a New Jersey immigration lawyer for help with this and much more. USAttorneys.com helps people who are seeking legal advice and help connect with some of the best immigration lawyers in the State of New Jersey. Not only can an immigration attorney help an individual apply for an immigration benefit, but they will also assist if an individual’s request is denied, or they run into another type of issue.

To get connected with an immigration lawyer in New Jersey now, contact USAttorneys.com.



  1. https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
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