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Asylum Restrictions Lifted | What You Need to Know

According to, “The attorney general, Merrick Garland, issued a new policy saying immigration judges should cease following the Trump-era rules that made it tough for immigrants who faced domestic or gang violence to win asylum in the United States. The move could make it easier for them to win their cases for humanitarian protection and was widely celebrated by immigrant advocates.” Read on to learn more about asylum and the latest updates.

What is Asylum?

Millions of people across the world are impacted by persecution in their national countries due to their religion, race, social/ political affiliation, or nationality. In order to protect these individuals, the United States offers relief to those affected by this persecution through asylum. Asylum allows these individuals to enter the U.S. and seek safety.

How to Obtain Asylum in the U.S.?

The two ways in which an individual can seek asylum in the United States are as follows:

  • The affirmative asylum process: To obtain asylum through the affirmative asylum process, you will have to be physically present in the United States and not involved in any removal proceedings. You must also apply for asylum within one year of the date of your arrival here in the United States.
  • The defensive asylum process: This is when someone who is facing removal proceedings requests asylum as a defense from being deported. These cases are heard by immigration judges. If you choose this route, you, your attorney, and the U.S. Government will discuss whether you qualify for asylum and whether you should be removed from the United States or not. While the immigration judge does have the right to decide whether you will be deported or not, you also have the right to appeal the judge’s decision.

How do I Know if I Qualify for Asylum?

You will be ineligible for asylum if:

  • You have been convicted of certain serious crimes, generally involving drugs or violence
  • You have taken part in the persecution of another person due to their race, nationality, religion, and other guaranteed freedoms
  • You are proven to have resettled in another country before arriving in the United States
  • You are being convicted of a serious nonpolitical crime outside of the United States
  • You are determined to pose a danger to the security of the United States

If you have any questions about obtaining asylum or the latest changes made to the process, our firm is here to help. Reach out today to speak with an experienced immigration law attorney.

Contact our experienced New Jersey firm

We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.