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Tuesday, November 14, 2006

What is Asylum? a blurb i wrote...

Criteria and Policy of the International Institute of New Jersey Assisting Clients in the Asylum Process

What is Asylum?
A person who leaves his or her country because of fear of harm or persecution can ask for a type of legal protection called “asylum”. Asylum in America is only granted after an interview by an asylum officer at the Department of Homeland Security or a hearing before an immigration judge. This officer or judge will be looking for evidence on why the asylum seeker is in danger in his or her home country and cannot go back. Persons applying for asylum have one year to file a case after coming in to the U.S. If granted asylum, the person will be considered a “refugee” under U.S. law. This means that the person can live and work in the U.S. and bring his or her spouse and children to this country. One year after receiving asylum, a person can apply for permanent U.S. legal residence.

Who can Apply for Asylum?
A person must be able to prove that he or she has a fear of persecution due to:
A) Race or Ethnic Group
B) Religion
C) Nationality
D) Social Group/Class
E) Political Opinion
F) Forced Abortion (or other coercive population control methods)

The immigration judge or asylum officer will be looking for tangible evidence of threats, torture, abuse, unjust imprisonment and other forms of persecution that happened to the asylum seeker while in his or her home country. The judge or officer will also want to see confirming documents, medical and/or psychological evaluations and a logically written personal statement (affidavit) that all help prove that the person is suffering from persecution due to one or more of the above reasons.

What We Can Do to Help You:
After an initial interview here at the counseling center of IINJ, we will try to help you as best we can through the asylum process. If you have a strong story about persecution or legitimate fear of persecution from your country because of one of the above mentioned things, we will do our best to support and coach you through the process by helping you to get a lawyer, write a testimony in the American legal style, translate documents and prepare you for your interview. We also have counselors available to meet with you individually or in groups to help you process what has happened in your situation, adjust to American society, and give advice about how to best move forward with your life. The counselors are an ear to listen to your story and will sit with you and give you counsel. We also can provide case management help in other areas such as health insurance, ESL, clothing and other areas of concern.
If we are able to assist you with your legal case to seek asylum status, we will help you to write a testimony and then send that testimony to a lawyer for review. Before a lawyer agrees to take your case for pro bono work (free of charge), he or she will want to make sure that your story is strong and credible. Should the lawyer decline to represent you, we will try again to find another lawyer. It is our policy that we will work with you to find a lawyer three times. If after the third time a lawyer interviews you and does not accept your case, we will advise you to seek a private lawyer if you still wish to apply for asylum before your one year date in the U.S.
Even if we are not able to help you to seek asylum in the U.S. and take you on as a client, we will still try to provide advice and referrals on the best course of action that you can do in your circumstance.

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