Скачать или смотреть New Jersey Immigration Lawyer Explains How to Apply for Asylum

How to apply for Asylum

First let us answer… What is Asylum?

Asylum is a form of protection granted to an individual who flees to another nation due to a well-founded fear of being persecuted or harmed in his or her home country, OR in the country where they habitually resided… IF they are without nationality.

BUT, what is the difference between a Refugee and an Asylee?

Individuals who are unable or unwilling to return to their country because of well-founded threats from their home country, are defined as “Refugees” under the U.S. Immigration and Nationality Act of 1952.

They are granted refugee status while still outside the U.S.

On the other hand, an “Asylee” is someone who meets the definition of a refugee and is already IN the U.S., OR is seeking admission AT THE PORT OF ENTRY of the U.S.




Now that we have defined these terms, let us discuss…Who can apply for an Asylum?

Regardless of your immigration status, you can apply for Asylum if you are already IN the United States or at a port of entry. BUT, the asylum must be applied for within one year of arrival in the U.S. or within one year of the expiration of your legal stay in the U.S.


For example, if you entered the US on January 1, 2022 and you were given until February 28, 2022 to depart the US, then your 1 year starts from February 29, 2022 not the date of your entry.

Now, what if you have been in the U.S. for more than one year? Are there exceptions?

Yes, there are! You may qualify for an exception if you can show proof of:

Changed circumstances that affect your asylum eligibility - such as inclusion in another person’s asylum application as their dependent;

OR Extraordinary circumstances explaining the delay in your filing - such as serious illness and mental or physical disability.

Now, what are some benefits that Asylees may apply for?

If you are granted asylum, you are eligible to apply for:
Authorization to work in the U.S.,
Petition to bring family members in the country,
Access to certain government assistance,
OR permission to travel overseas.

However, it is also important to note that there are certain individuals who are NOT eligible for Asylum

These are persons who already have an application for asylum denied by the Immigration Judge or Board of Immigration Appeals;

OR those who can be transferred to another country through a SAFE THIRD COUNTRY agreement. For example, if they are a citizen of more than one country. This person would need to prove they fear persecution in both countries.

In most cases, those who are BANNED from asylum because of criminal conduct or filing outside the one year deadline (and don’t have an exception) are instead eligible for a “WITHHOLDING OF REMOVAL”. Which provides less benefits then Asylum.

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The information provided in this video is for general information purposes only. I am not providing legal advice, and this content does not trigger an attorney-client relationship. Although I am a lawyer, I am not your lawyer and you are not my client. To become your lawyer, we must first meet one-on-one and enter into a fee agreement for legal services. I am a licensed attorney by the State Bars of New Jersey and New York (in good standing). I'm also a member of the American Immigration Lawyers Association (AILA) and the Bar of the United States Supreme Court. Learn more about me at https://www.andresmejerlaw.com/about-us/.

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