Best Asylum Lawyers in Buffalo

About Asylum Law in Buffalo, United States

Asylum is a form of protection offered by the United States federal government to people who are physically present in the country or who arrive at a port of entry and who can show they have been persecuted or fear future persecution in their home country. Asylum cases in Buffalo are governed by federal immigration law and decided either by U.S. Citizenship and Immigration Services - USCIS - for affirmative asylum applicants, or by the immigration court in Buffalo if the person is in removal proceedings. While asylum law is federal, local resources, state programs and community organizations in Buffalo and Erie County can shape access to legal help, health care and other supports.

Why You May Need a Lawyer

Asylum claims are complex and fact-sensitive. You should consider hiring a lawyer or accredited representative in these common situations:

- You face a credible fear screening or have been placed in expedited removal and need immediate representation for interviews. These initial interviews often determine whether you will be referred to a full asylum process.

- You must meet the one-year filing deadline for affirmative asylum or you believe you have an exception that applies to you. Missing deadlines can bar eligibility except in limited circumstances.

- You already have criminal charges or convictions at home or in the U.S. that could create bars to asylum or prevent you from receiving relief.

- You are in removal proceedings before the Buffalo Immigration Court and must prepare a defensive asylum case before an immigration judge.

- Your claim involves sensitive issues such as gender-based violence, trafficking, sexual orientation, or membership in a particular social group that requires careful legal framing and supporting evidence.

- You need help gathering or authenticating country conditions documentation, witness declarations, medical or psychological evaluations, or credible corroboration of persecution.

- You are seeking derivative status for family members, or you need help converting asylum into other immigration status after a grant.

- You want to evaluate alternative relief options - such as withholding of removal or protection under the Convention Against Torture - that have different legal standards and consequences.

Local Laws Overview

Key points to understand about the legal landscape in Buffalo and how it relates to asylum seekers:

- Federal preeminence. Asylum is a matter of federal immigration law. That means the substantive standards, procedures and decisions are set by federal statutes, federal regulations and federal courts. Local and state laws cannot change the federal eligibility standards for asylum, withholding of removal or protection under the Convention Against Torture.

- Immigration enforcement and local cooperation. New York State and many localities, including Buffalo and Erie County, have policies that limit local law enforcement cooperation with federal immigration enforcement in certain circumstances. Such policies can affect whether local police share information with federal agencies, but they do not determine asylum eligibility.

- State and local benefits. Some New York State and local programs provide limited services regardless of immigration status, including emergency health care, certain public health programs and community-based social services. These programs can provide critical short-term support while you pursue an asylum claim, but they do not replace federal benefits that may be unavailable to asylum applicants until and unless asylum is granted.

- Access to legal services. Buffalo has legal aid organizations, nonprofit immigration services and law school clinics that operate under federal accreditation rules or state rules for legal practice. These local providers often assist with asylum applications, credible fear screenings and representation in immigration court.

- Driver's license and state identification. New York State law allows undocumented immigrants to obtain state driver licenses under state administrative rules. Having state identification can make it easier to access services and counsel while building an asylum claim.

Frequently Asked Questions

What is the difference between affirmative and defensive asylum?

Affirmative asylum is pursued by a person who is not in removal proceedings and who files an application with USCIS. Defensive asylum is raised as a defense to removal in immigration court when the person has been placed in removal proceedings. The standards for eligibility are the same, but the procedures differ and timing is critical.

What are the legal grounds for asylum?

To be eligible for asylum you must show past persecution or a well-founded fear of future persecution on account of one or more protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. Persecution can include threats, violence, detention, torture, or severe discrimination in certain circumstances.

What is the one-year filing rule?

Generally, an affirmative asylum application must be filed within one year of the applicant's last arrival in the United States. There are exceptions for changed circumstances or extraordinary circumstances that prevented timely filing. If you missed the one-year deadline, consult a lawyer immediately to determine whether an exception applies.

What is a credible fear interview?

A credible fear interview is a screening conducted by immigration officers for people encountered at the border or subject to expedited removal. The purpose is to determine whether the individual has a credible fear of persecution or torture. A positive credible fear finding refers the person for a full asylum hearing in immigration court. Representation at this stage is crucial because the standard to pass the screening is distinct and the interview can be decisive.

Can a past criminal conviction stop me from getting asylum?

Certain criminal convictions can bar asylum or make you ineligible for particular forms of relief. Crimes of moral turpitude, aggravated felonies or convictions tied to serious nonpolitical crimes are examples that can complicate or prevent asylum relief. Even minor offenses can influence credibility and discretionary decisions. Legal advice is important if you have any criminal history.

What happens if my asylum claim is denied?

If an affirmative asylum claim is denied by USCIS and you are not in lawful status, you could be referred to immigration court and placed in removal proceedings where you can pursue defensive asylum. If an immigration judge denies asylum, you may appeal to the Board of Immigration Appeals and ultimately to the federal courts. There are deadlines and procedural rules for appeals, so prompt legal counsel is critical.

Can I apply for asylum if I arrived without inspection or documents?

Yes. You can apply for asylum even if you entered the United States without inspection or lawful admission. However, particular pathways, such as the credible fear process or placement in expedited removal, may apply. Lack of documents makes evidence-gathering more important and highlights the need for counsel to help build a credible claim.

Do I need to provide corroborating evidence for my claim?

While the applicant's testimony is central, corroborating evidence strengthens a case. Relevant evidence may include police reports, medical records, country conditions reports, witness affidavits, photos, and evidence of membership in a targeted group. If direct evidence is hard to obtain, credible, consistent testimony explaining why corroboration is unavailable can also be persuasive.

Can my spouse and children get asylum too?

Yes. Spouses and unmarried children under 21 can be included as derivatives on an asylum application if they apply at the same time or in certain follow-up filings. Rules differ depending on whether the principal applicant is applying affirmatively or defensively, so consult a lawyer to ensure family members are properly protected.

How long does it take to get a decision on an asylum application?

Processing times vary widely. Affirmative asylum cases processed by USCIS may take many months to years depending on backlog. Defensive asylum cases in immigration court can also take a long time, especially if appeals are necessary. While waiting, applicants should consult counsel about work authorization, access to benefits and interim forms of relief.

Additional Resources

For people in Buffalo seeking help with asylum, consider these types of resources and organizations. Contact local providers to confirm services and eligibility.

- U.S. government agencies that handle asylum and immigration matters: U.S. Citizenship and Immigration Services - USCIS - and the Executive Office for Immigration Review - EOIR - which operates immigration courts including the Buffalo Immigration Court. Department of Homeland Security components are involved in enforcement and screening.

- Local nonprofit organizations and legal service providers in Buffalo and Western New York that frequently assist asylum seekers. Examples include community resettlement agencies, immigrant service centers, and legal aid programs. Look for organizations that offer immigration legal services, clinics or referrals.

- University law school clinics and pro bono projects. Law schools in the region often operate immigration clinics that provide supervised representation or limited-scope assistance.

- Professional bodies and directories. The American Immigration Lawyers Association - AILA - lists private attorneys who focus on immigration. The Department of Justice maintains a roster of accredited representatives and recognized organizations that can provide legal assistance in immigration matters.

- National and regional advocacy organizations. Groups that provide information, training or support for asylum seekers include prominent immigrant rights organizations and refugee assistance networks. They can offer country conditions information, best-practice guidance and connections to local services.

- Emergency and social services. Local shelters, health clinics, and social service agencies can assist with immediate needs such as medical care, mental health support, housing help, and translation services while you prepare a legal case.

Next Steps

If you believe you need asylum or are already navigating the process in Buffalo, take these practical next steps:

- Seek legal advice promptly. If possible, consult an experienced immigration attorney or a DOJ-accredited representative who handles asylum matters. Early legal help improves the chance of meeting deadlines and framing your claim correctly.

- Gather and preserve documents. Collect identity documents, any police or medical records, evidence of threats or persecution, membership records for organizations, and contact information for witnesses. Keep originals safe and make copies. If documents are in another language, arrange certified translations.

- Prepare a detailed written statement. Describe incidents of persecution, dates, locations, names of perpetrators where possible, and reasons you believe you were targeted. A well-structured declaration is one of the most important pieces of your case.

- Be ready for interviews. Whether you face a credible fear interview, a USCIS asylum interview, or an immigration court hearing, preparation is key. Your lawyer can help you understand the process, potential questions, and how to present sensitive information.

- Explore local supports. Contact community organizations in Buffalo for help with housing, health care, mental health, language access, and document translation while your case moves forward.

- Know your deadlines. Track filing deadlines such as the one-year rule and appeal timelines. Missing a deadline can close off relief options.

- Keep records of your immigration history. Maintain paperwork showing entries, prior applications, and any notices from immigration authorities. Provide copies to your lawyer.

- Protect your safety. If you or family members face immediate danger, seek emergency shelter and contact local law enforcement or domestic violence services as appropriate. Inform your attorney about safety concerns so they can take protective steps in your legal case.

Asylum claims raise serious legal and factual questions. This guide is informational only and does not replace legal advice. Contact a qualified immigration lawyer or accredited representative in Buffalo for case-specific guidance tailored to your circumstances.