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Establishing exceptional circumstances for immigration asylum

On Behalf of | Apr 21, 2021 | Immigration And Naturalization

Establishing your right to remain in New Jersey through a plea of political asylum can be tricky, requiring applicants to follow strict rules. However, life can get in the way of attending a scheduled asylum hearing. Rescheduling one can be allowed if you establish good cause.

Explaining good cause

When it comes to rescheduling your asylum hearing, immigration law indicates that if you have good cause or exceptional circumstances as defined in the Immigration and Nationality Act, you can do so. Good cause is relevant to your situation and is different for every individual. It is defined as a justification for needing additional time to fulfill a legal requirement. A serious illness is an example of good cause.

If more than 45 days have passed since your asylum interview and you need to reschedule your hearing, you must establish exceptional circumstances that can also include battery, extreme cruelty or the health of your spouse, child or parent. The asylum office will evaluate your case to determine if you qualify for exceptional circumstances as other situations apply.

The importance of following the immigration timeline

If you let the 45-day timeline following your asylum interview pass, you run the risk of having your application closed and dismissed, which is why it’s important to file for exceptional circumstances within the legal timeline. If you have filed, immigration law allows you to remain in the country until U.S. Citizenship and Immigration Services has determined your status.

If you are experiencing difficulty making your immigration hearing, you also need to file the proper documentation to ensure that your case will receive a proper review. Working with experienced legal professionals can possibly allow your review hearing to be scheduled at a more convenient date and not jeopardize your asylum request.