Best Asylum Lawyers in Brooklyn

About Asylum Law in Brooklyn, United States

Asylum is a form of protection for people who have fled their home country because they suffered persecution or fear persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. In the United States, asylum law is federal. That means the legal standards and procedures are set by federal statutes, regulations, and court decisions. In Brooklyn, applicants interact with the federal immigration system through local U.S. Citizenship and Immigration Services offices, immigration courts if placed in removal proceedings, and federally funded detention facilities when applicable. At the same time, Brooklyn and New York City provide local supports and protections that can affect access to services, legal help, and day to day life while a claim is pending.

Why You May Need a Lawyer

Asylum cases are legally complex and fact-intensive. A lawyer can help in many common situations:

- Determining eligibility - A lawyer will evaluate whether the facts of your situation fit the legal definition of persecution and the protected grounds.

- Choosing the right process - Lawyers advise whether to file an affirmative asylum application with USCIS or to pursue defensive asylum in immigration court if you are in removal proceedings.

- Meeting filing deadlines and requirements - Asylum applications have strict filing rules and documentary standards. Missing a deadline or submitting insufficient evidence can lead to denial.

- Preparing testimony and evidence - Asylum decisions often turn on credibility and supporting country condition evidence. Attorneys prepare sworn declarations, witness statements, medical or psychological reports, and documentary evidence.

- Representing you in interviews and hearings - Asylum officers and immigration judges conduct interviews and hearings where legal advocacy and cross-examination skills can be crucial.

- Handling related immigration issues - A lawyer can advise on related matters such as work authorization, family-based immigration, deportation defense, withholding of removal, protection under the Convention Against Torture, or applications for lawful permanent residence after grant of asylum.

Local Laws Overview

While asylum determination is governed by federal law, several local and state laws and policies in Brooklyn and New York State affect asylum seekers:

- Sanctuary and non-cooperation policies - New York State and New York City have policies that limit local law enforcement cooperation with federal immigration enforcement in many circumstances. These policies can reduce the likelihood of local police sharing certain information with immigration authorities.

- Access to local services - New York City and New York State operate programs that help immigrants access healthcare, housing assistance, public benefits, language access services, and legal services. Eligibility rules vary depending on immigration status and program rules.

- Confidentiality and anti-discrimination protections - New York City Human Rights Law and state privacy rules provide protections against discrimination and may give you recourse if you experience discrimination while seeking services.

- Right to counsel programs and free legal help - New York City funds and supports programs that increase access to free or low-cost legal services for immigrants in some settings. Community based organizations in Brooklyn also provide legal screening and referrals.

- Driver and identity documentation - New York State has laws that make certain forms of state identification and driver privileges available regardless of immigration status. This can affect everyday mobility and access to services while a claim is pending.

Frequently Asked Questions

What is the difference between affirmative and defensive asylum?

Affirmative asylum is filed with U.S. Citizenship and Immigration Services when you are not in removal proceedings. You apply proactively and attend an interview with an asylum officer. Defensive asylum is raised as a defense against removal in immigration court after the Department of Homeland Security issues charging documents. The processes have different timelines and procedural protections.

How do I begin the asylum process in Brooklyn?

You typically start by filing Form I-589, Application for Asylum and for Withholding of Removal, if you are eligible to file affirmatively. If you entered the United States and were placed in removal proceedings, you would express your fear of return to immigration authorities and pursue defensive asylum in immigration court. Because processes and filing addresses vary, consult a qualified immigration attorney or accredited representative for precise steps.

Is there a deadline to apply for asylum?

Federal law generally requires that asylum seekers file within one year of their last arrival in the United States, unless they can show changed circumstances or extraordinary circumstances that excuse the delay. There are exceptions and exceptions can be legally complex; an attorney can help determine whether an exception applies to your situation.

Can my spouse and children get asylum too?

Immediate family members who are included on the application or who qualify as derivatives can receive asylum when the principal applicant is granted asylum. Rules differ for married spouses and unmarried children under 21. If you already have lawful permanent residence after being granted asylum, you may sponsor eligible family members later. Consult counsel to determine who can be added and how.

What happens at an asylum interview or hearing?

At an asylum interview with an asylum officer or a hearing in immigration court, you will explain why you fear returning to your country. You will give sworn testimony, respond to questions about your claim, and present supporting evidence. Credibility, consistent testimony, and corroborative documents or medical reports are often decisive.

How long does the asylum process usually take?

Processing times vary widely - from months to several years - depending on whether the case is affirmative or defensive, caseloads at USCIS and immigration courts, whether you are detained, and whether appeals are necessary. Delays are common, so plan for a long process and seek legal advice about practical steps to support yourself during that time.

Can I work while my asylum application is pending?

Some applicants may become eligible to apply for employment authorization after their asylum application has been pending for a specified statutory period. Rules and timelines change, so check current eligibility or get legal help. Working without proper authorization can have serious immigration consequences.

What if I have a criminal history? Does that make me ineligible?

Certain criminal convictions can make an applicant ineligible for asylum or subject to mandatory detention or removal. The impact depends on the nature and severity of the offense, whether it is considered an aggravated felony, and whether the conviction occurred before or after entry. It is vital to discuss criminal issues with an experienced immigration attorney before applying.

What is a credible fear interview?

A credible fear interview is a screening interview for people who express fear of return at a port of entry or when placed in expedited removal. An asylum officer determines whether there is a significant possibility that the individual could establish eligibility for asylum. A positive credible fear finding usually leads to referral to immigration court for a full hearing.

If my asylum claim is denied, what are my options?

If an asylum officer denies an affirmative asylum claim and you are not in valid status, you may be referred to immigration court where you can pursue defensive asylum. If an immigration judge denies asylum, you can usually appeal to the Board of Immigration Appeals and then to federal court. Alternative protections, such as withholding of removal or protection under the Convention Against Torture, may still be available. Consult counsel promptly to evaluate next steps.

Additional Resources

Governmental bodies and agencies

- U.S. Citizenship and Immigration Services - national agency that adjudicates affirmative asylum applications and provides guidance on filing requirements.

- Executive Office for Immigration Review - oversees immigration courts and appellate review.

- Local federal immigration offices and asylum officers who handle interviews and credible fear screenings.

Local and national organizations that assist asylum seekers

- New York Legal Assistance Group - provides immigration services and legal representation in New York City.

- The Legal Aid Society - operates immigration law units serving residents of New York City.

- Brooklyn Defender Services - provides legal assistance and may offer immigration screening for clients in related cases.

- Make the Road New York - community based organization offering legal support to immigrants in New York.

- Catholic Charities, HIAS - organizations that provide refugee and asylum support services.

- International Rescue Committee and other resettlement and refugee support organizations active in New York.

Professional and referral resources

- American Immigration Lawyers Association - national organization that helps you find accredited immigration attorneys.

- New York State Office for New Americans and New York City Mayor's Office for Immigrant Affairs - provide information about local services, language access, and referrals to legal help.

Next Steps

If you need legal assistance with an asylum claim in Brooklyn, consider the following practical steps:

- Get a consultation with an experienced immigration attorney or an accredited representative. Many nonprofit organizations offer free or low-cost legal screenings.

- Gather and preserve evidence - passports, identity documents, police reports, medical records, witness statements, news articles about country conditions, and any documents evidencing persecution or threats.

- Write a detailed personal statement describing your experiences and fears. Be truthful and consistent. Discuss this statement with your attorney before submission.

- Do not sign removal orders or agree to voluntary departure without legal advice. Understand the consequences of any document you sign.

- Keep safe copies of all filings and correspondence, and maintain up-to-date contact information with the immigration authorities and your lawyer.

- If detained, request to speak with an attorney before answering questions, ask about bond hearings, and inform family or trusted contacts of your location and case status.

- Be cautious of unauthorized practitioners. Only use attorneys or accredited representatives recognized by the Department of Justice to handle immigration matters.

Finally, remember that each case is unique. The federal nature of asylum law means local supports in Brooklyn can help you access services and legal aid, but legal strategy and deadlines are specific to your facts. Seek qualified help promptly to protect your rights and maximize the chances of a successful outcome.