Asylum

Asylum in New Jersey: Protection from Persecution

Seeking Safety, Securing Rights, and Rebuilding Futures

Each year, thousands of people arrive at the borders and airports of the United States seeking protection from the dangers they face in their countries of origin. Asylum is one of the most essential humanitarian protections in immigration law. At Omojola Law, we work tirelessly to help individuals and families navigate this process with legal precision and personal compassion—because we believe everyone deserves safety and dignity.

We also assist with family-based immigration and litigation services throughout New Jersey.

What Is Asylum?

Asylum is a legal status granted to individuals who cannot return to their home countries due to a well-founded fear of persecution. This form of protection applies to people who are:

• Already present in the United States, or
• Seeking entry at a port of entry (e.g., border, airport)

U.S. asylum law is grounded in both international refugee standards and domestic legislation. Under U.S. law, a refugee is someone who cannot return to their home country due to persecution based on one or more of the following grounds:

• Race
• Religion
• Nationality
• Membership in a particular social group (PSG)
• Political opinion

Types of Asylum Applications

There are two primary avenues for seeking asylum in the U.S.:

• Affirmative Asylum: Filed voluntarily with USCIS while not in removal (deportation) proceedings. Applicants attend a non-adversarial interview with an asylum officer.
• Defensive Asylum: Requested as a defense in Immigration Court during removal proceedings. It becomes an adversarial legal hearing before an Immigration Judge.

Eligibility Requirements for Asylum

To qualify for asylum in the United States, the applicant must:

• Be physically present in the U.S.
• File Form I-589 within one year of arriving in the country (exceptions exist)
• Prove a well-founded fear of persecution on one of the five protected grounds
• Not be barred by criminal history, prior asylum denials, or national security issues

Exceptions to the One-Year Filing Deadline

• Changed circumstances: Conditions in your home country have worsened since arrival, or personal circumstances have changed.
• Extraordinary circumstances: Severe illness, mental incapacity, or ineffective legal representation that prevented timely filing.

Understanding Persecution

Persecution involves more than discrimination or economic hardship. It includes serious threats or harm such as:

• Physical violence or torture
• Sexual violence or exploitation
• Death threats or political intimidation
• Imprisonment or forced labor
• Denial of education, employment, or freedom of movement

The threat must either come from the government or from non-state actors that the government is unable or unwilling to control.

What Is a Particular Social Group (PSG)?

This is one of the most complex areas in asylum law. A PSG is a group of individuals who share a common characteristic that is:

• Immutable (cannot or should not be changed)
• Socially distinct in the context of their society
• Particular (clearly defined)

Examples may include:

• LGBTQ+ individuals from countries where homosexuality is criminalized
• Domestic violence survivors where the legal system offers no protection
• Former gang members or people resisting gang recruitment
• Individuals with tribal or ethnic affiliations

At Omojola Law, we work closely with clients to define their PSG in legally persuasive terms, supported by country condition reports, attorney affidavits, and personal testimony.

The Asylum Process: What to Expect

Affirmative vs. Defensive Asylum Procedures

The journey to asylum is a deeply personal one, and it involves more than just submitting an application. Your asylum claim will be closely reviewed, and you may be required to give detailed testimony about the harm you’ve suffered. There are two major formats depending on your immigration status when applying:

Affirmative Asylum Process (via USCIS)

• File Form I-589 with USCIS
• Receive a biometric services appointment (fingerprints)
• Attend an asylum interview with a trained asylum officer
• Provide documentation and personal testimony about your claim
• If denied and you are without status, your case may be referred to Immigration Court

Defensive Asylum Process (Immigration Court)

• File Form I-589 with the court if already in removal proceedings
• Appear in front of an Immigration Judge (IJ)
• Present evidence, legal arguments, and witness testimony
• Government attorney may challenge your claims during cross-examination
• A judge decides to grant or deny asylum

Work Authorization (EAD) and Legal Status

Applicants for asylum may also be eligible to apply for work authorization (EAD) if:

• 150 days have passed since the filing of your asylum application
• There are no delays in your case caused by you

Once asylum is approved, you are eligible to:

• Work legally in the U.S.
• Apply for a green card after one year
• File for derivative asylum status for your spouse and children under 21
• Access certain public benefits depending on state regulations

Bars to Asylum Approval

Even if you qualify under the refugee definition, certain issues may bar you from receiving asylum:

• Conviction of a particularly serious crime
• Involvement in terrorism or persecuting others
• Fraudulent or frivolous asylum filings
• Prior removal or a safe third country agreement (e.g., you passed through a safe country without applying for protection there)

We evaluate each case to identify potential issues and develop effective responses to government challenges or USCIS requests for evidence (RFEs).

How Omojola Law Helps Asylum Seekers

At Omojola Law, we understand the deeply emotional and often traumatic nature of asylum cases. Our legal team handles each case with professionalism and empathy while building a persuasive legal claim. Our services include:

• Comprehensive case evaluations
• Drafting and submitting Form I-589 with detailed affidavits
• Collecting country condition evidence and attorney reports
• Preparing you for interviews and court hearings
• Defending you against credibility challenges or procedural bars

Don’t Risk Your Future on Incomplete or Inaccurate Filings

Asylum claims carry high stakes. If your claim is denied and no appeal is filed, you may be subject to deportation and permanently barred from future immigration benefits. Do not attempt this process without experienced legal guidance.

Building a Strong Asylum Case: Evidence and Documentation

How to Prove Persecution and Fear

In any asylum case, the burden of proof lies with the applicant. You must convince the USCIS officer or Immigration Judge that your fear of persecution is credible and well-founded. This requires more than simply stating your fear—it must be backed by detailed personal statements and credible supporting evidence.

Key Evidence for Asylum Claims

• Sworn Affidavits: Your personal written testimony is the core of your case. We help draft affidavits that are compelling, consistent, and emotionally impactful.
• Country Condition Reports: These include human rights reports from the U.S. Department of State, Human Rights Watch, Amnesty International, or local NGOs documenting systemic abuse or violence.
• Medical or Psychological Evaluations: Attorney reports that document trauma, injuries, or psychological effects of persecution help validate your story.
• Witness Statements: Testimonies from family, community members, coworkers, or religious leaders who have first-hand knowledge of your experience.
• Photos, Police Reports, and News Articles: Any documents that corroborate threats, violence, political activity, or evidence of harm in your home country.

Appealing a Denied Asylum Case

If your asylum claim is denied, you may still have legal options. At Omojola Law, we help clients challenge denials and file appeals with the Board of Immigration Appeals (BIA) or even federal court. Our approach includes:

• Filing motions to reopen or reconsider based on new evidence
• Appealing due to legal error or lack of procedural fairness
• Identifying ineffective prior counsel or new facts that warrant review

Humanitarian Alternatives to Asylum

Not every person fleeing danger will qualify for asylum. However, there are other humanitarian options that may offer protection:

• Withholding of Removal: Similar to asylum but has a higher burden of proof. It does not lead to a green card but protects from deportation.
• Convention Against Torture (CAT): For those who fear torture in their country, regardless of whether they fit the refugee definition.
• Temporary Protected Status (TPS): For nationals of designated countries experiencing war, environmental disaster, or epidemic.
• U Visas or T Visas: For victims of crime or trafficking who assist law enforcement and face significant harm if returned.

We help identify which form of relief is most appropriate for each client and tailor your immigration strategy accordingly.

Success Stories: How Omojola Law Has Made a Difference

We’ve helped clients from Venezuela, Cameroon, Syria, Ukraine, El Salvador, and beyond achieve asylum status or secure other forms of relief. Here are a few examples (names changed for privacy):

• “Mariam” from Nigeria: Escaped a forced marriage and genital mutilation threat. Granted asylum based on gender-based PSG and medical testimony.
• “Luis” from Honduras: Former gang member who became a community advocate. Approved based on political opinion and credible fear of reprisal.
• “Aliya” from Afghanistan: Human rights activist targeted by the Taliban. Won asylum after presenting news articles, witness affidavits, and attorney reports.

We Stand With You—Every Step of the Way

Whether you are just arriving or have been placed in deportation proceedings, we stand ready to defend your rights and protect your future. At Omojola Law, we believe in justice, safety, and opportunity for every immigrant—especially those seeking refuge from violence and fear.

To learn more about your rights, visit the official USCIS asylum page or review global resources from UNHCR.

📞 Schedule your consultation today. Together, we’ll build your asylum claim with strength and compassion.