Union County Lawyer for a Claim for Protection Under the Convention Against Torture
A claim for protection under the Convention Against Torture lawyer Union County can help you seek legal status if you fear torture in your home country. The Convention Against Torture (CAT) is a United Nations treaty that prohibits torture and provides protection for individuals who can prove they would likely be tortured if removed. Law Offices Of SRIS, P.C.
What Is a Claim for Protection Under the Convention Against Torture?
Protection under the Convention Against Torture (CAT) is a form of relief available to individuals in removal proceedings who fear torture in their country of removal. Unlike asylum, a CAT claim does not require proving persecution based on a protected ground (like race or political opinion). The standard is different: you must prove it is more likely than not that you would be tortured by, or with the consent or acquiescence of, a public official in the proposed country of removal.
Last verified: March 2026 | Superior Court of NJ, Union Vicinage | New Jersey Courts
Founded in 1997 by former prosecutor Mr. Sris, our firm brings extensive experience to complex immigration matters like CAT claims. We understand the high legal burden and the detailed evidence required to succeed.
Official Legal Resources
Understanding the legal framework is critical. The U.S. Citizenship and Immigration Services (USCIS) website provides official information on humanitarian protections. For court procedures and forms in New Jersey, refer to the Union Vicinage of the New Jersey Superior Court.
The Process for a CAT Claim in Union County
Filing a claim for protection under the Convention Against Torture involves a specific legal process within the immigration system. In Union County, these cases are typically heard in the Immigration Court located in Newark, which has jurisdiction over New Jersey. The process is adversarial, with a Department of Homeland Security (DHS) attorney opposing the claim.
- Consultation & Case Evaluation: An attorney reviews your personal history, evidence of past torture or threats, and current country conditions to assess the viability of your CAT claim.
- Evidence Gathering: This includes obtaining medical records, psychological evaluations, affidavits from witnesses, and detailed reports from human rights organizations about conditions in your home country.
- Filing the Application: The formal claim is submitted to the Immigration Court, often as a defense to removal proceedings. All forms and supporting evidence must be properly filed and served.
- Master Calendar Hearing: An initial hearing where you plead to the allegations and the judge sets a schedule for your individual hearing.
- Individual Merits Hearing: This is the trial. You and your witnesses testify, and your attorney presents all evidence to prove it is “more likely than not” you would face torture if removed.
- Judge’s Decision & Appeals: The Immigration Judge issues a written decision. If denied, you may have the right to appeal to the Board of Immigration Appeals (BIA).
Potential Outcomes and Protections
A successful claim for protection under the Convention Against Torture results in a grant of “withholding of removal” under the CAT regulations, which prevents your deportation to the country where you would face torture.
Important Distinction: Unlike asylum, a grant of CAT protection does not lead to a green card or a path to citizenship. It also does not protect you from removal to a third country where you would not be tortured. The protection is specific and non-permanent.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your CAT Claim
Law Offices Of SRIS, P.C., founded in 1997, brings a “Advocacy Without Borders” approach to complex immigration cases. With over 120 years of combined legal experience and a history of handling thousands of cases, our team understands the precise legal standards and evidentiary requirements for CAT claims. We are committed to building the strongest possible case for each client.
Our Approach to Your Case
We focus on meticulous evidence development. For a claim for protection under the Convention Against Torture, this means collaborating with medical professionals, country condition experts, and forensic document specialists to create a compelling narrative that meets the “more likely than not” standard. Our firm-wide experience across multiple states informs our strategic approach in Union County immigration proceedings.
Contact Our Union County Immigration Lawyers
Our New Jersey location serves clients in Union County. We are accessible via the NJ Turnpike, Garden State Parkway, Route 22, and I-78, near landmarks like the Union County Courthouse in Elizabeth and Newark Airport.
We serve: Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, Springfield, and surrounding communities.
Available 24/7: Toll-Free: (888) 437-7747 | Local: (732) 651-0900
New Jersey Location: 44 Apple St, 1st Floor, Tinton Falls, NJ 07724
By appointment only.
If you are facing a civil wrong lawsuit in Union County, such as a tort claim, our civil litigation team can also assist. A tort claim lawyer Union County from our firm handles matters involving personal injury or other civil wrongs. Similarly, for other civil disputes, a civil wrong lawsuit lawyer Union County can provide representation.
FAQs: Claim for Protection Under the Convention Against Torture
What is the difference between asylum and protection under the Convention Against Torture?
Yes, there are key differences. Asylum requires persecution based on race, religion, nationality, political opinion, or membership in a social group. CAT protection requires proof that you are more likely than not to be tortured, regardless of the reason, by or with the consent of government officials.
Can I apply for a green card if my CAT claim is granted?
No. A grant of withholding of removal under CAT does not provide a direct path to lawful permanent resident status (a green card). It only protects you from removal to the specific country where you would face torture. You may explore other forms of relief for permanent status.
What kind of evidence is needed for a CAT claim?
It depends. Strong evidence includes medical records of past torture, psychological evaluations, affidavits from witnesses, detailed country condition reports from experts, and documentation showing the government’s inability or unwillingness to control the actors who would torture you.
How long does the CAT process take?
The timeline varies significantly. After filing, it can take many months or even several years to receive an individual hearing before an Immigration Judge, depending on the court’s docket. The process involves multiple hearings and extensive evidence preparation.
Can my family members also get protection if my CAT claim is approved?
No. Protection under the Convention Against Torture does not provide derivative status for spouses or children. Each family member must independently qualify and file their own claim for protection.
Related Legal Services in Union County
Our firm provides full legal support. If you need a business lawyer in Union County, or are facing criminal charges, we can help. For broader state-wide resources, visit our New Jersey civil litigation hub page. We also assist clients in neighboring areas like Bergen County.
Page Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your claim for protection under the Convention Against Torture.