Best Asylum Lawyers in New York

About Asylum Law in New York, United States

Asylum is a form of legal protection available to people fleeing persecution or serious harm in their home countries. In New York and across the United States, asylum seekers can apply for protection if they fear persecution based on their race, religion, nationality, membership in a particular social group, or political opinion. The asylum process involves complex rules and strict deadlines, and it typically requires an in-depth demonstration that returning to one's home country would be unsafe. New York, as a major entry point and home to many immigrants, sees a high number of asylum applications and is known for its active legal and support network for asylum seekers.

Why You May Need a Lawyer

Navigating the asylum process can be complicated and overwhelming. Many people seek legal assistance in the following situations:

• Filling out and submitting an asylum application to the United States Citizenship and Immigration Services (USCIS) or an Immigration Court
• Defending against removal or deportation proceedings
• Gathering evidence and preparing for interviews or hearings
• Appealing a denied asylum claim
• Understanding eligibility requirements and exceptions
• Facing criminal charges or immigration violations while seeking asylum
• Navigating language barriers and legal complexities
• Seeking derivative asylum status for family members

Having a knowledgeable attorney can greatly increase the chances of presenting a strong asylum case and help avoid common mistakes that may lead to denial or delays.

Local Laws Overview

Asylum is governed primarily by federal law, but New York's local practices play a significant role in how cases are handled. Key aspects include:

• Presence of dedicated Immigration Courts in New York City and surrounding areas
• Access to a broad network of legal aid organizations and pro bono legal services
• Support from state and city policies that often provide additional protections and assistance to immigrants
• Availability of interpretation services and culturally competent care in the asylum process
• Greater tolerance and support for asylum seekers by local government compared to some other jurisdictions

Though the asylum rules are set by federal law, the resources and attitudes in New York make a significant difference in the experience of seeking asylum.

Frequently Asked Questions

What is asylum and who is eligible to apply?

Asylum is legal protection granted to people in the United States who cannot return to their home countries because of a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

How do I apply for asylum in New York?

You must submit Form I-589, Application for Asylum and for Withholding of Removal, either through USCIS (if not in removal proceedings) or in Immigration Court (if you are fighting removal). You must generally apply within one year of your arrival in the US unless you qualify for an exception.

What happens if I miss the one-year deadline to apply?

There are limited exceptions to the one-year filing deadline, such as changed circumstances that affect eligibility or extraordinary circumstances that prevented timely filing. An experienced attorney can help you determine if you qualify for an exception.

Can I work while my asylum application is pending?

You can apply for a work permit (Employment Authorization Document) after your asylum application has been pending for at least 150 days, but you cannot start working until you are granted the work permit.

What happens during an asylum interview or hearing?

You will be asked to explain why you are seeking asylum and provide evidence to support your claim. An immigration officer or judge will review your testimony and any documents you submit; having an attorney can help you prepare and present your case effectively.

Can my family members be included in my asylum application?

You may include your spouse and unmarried children under 21 in your asylum application, either as dependents or by having them apply for derivative asylum status after you are granted asylum.

What if my asylum application is denied?

If your application is denied by USCIS and you do not have legal status, your case will usually be referred to Immigration Court for removal proceedings, where you can renew your asylum request before a judge. If denied in court, you may have the right to appeal.

Do I have to pay a fee to apply for asylum?

There is no government filing fee for submitting an asylum application, but you may have to pay for legal assistance and any supporting documents or translations.

Can I travel outside the United States while my asylum case is pending?

You should not leave the United States while your case is pending unless you obtain special permission, called advance parole. Leaving without this permission may be considered abandoning your asylum application.

How long does the asylum process take in New York?

Processing times vary widely, sometimes taking several months to several years depending on the complexity of your case, the backlog at local offices or courts, and whether your case is affirmative (filed with USCIS) or defensive (in court).

Additional Resources

If you need more information or assistance, consider contacting the following organizations or governmental bodies:

• United States Citizenship and Immigration Services (USCIS)
• Immigration Court (Executive Office for Immigration Review) in New York
• Legal Aid Society of New York
• New York Legal Assistance Group (NYLAG)
• Human Rights First - New York
• Catholic Charities Community Services
• Immigrant Defense Project
• American Immigration Lawyers Association - New York Chapter

Next Steps

If you are seeking asylum in New York, consider taking these steps:

• Consult with a qualified immigration attorney, especially if you face a complex situation or removal proceedings
• Gather documents and evidence to support your claim, such as identification, proof of persecution, and personal statements
• Ensure that you meet essential deadlines, especially the one-year filing requirement
• Access community-based resources and legal aid organizations to receive support and guidance
• Prepare thoroughly for your interview or court hearing and seek interpreter services if you are not fluent in English

Asylum law is complex, and the stakes are high. Proper legal assistance in New York can make a significant difference in the outcome of your case and provide vital support throughout the application process.