New York Deportation Lawyer

Asylum or refugee status can be granted to foreign nationals that are unable to return to their country because they have been persecuted in the past, and/or have a well-founded fear they will be persecuted in the own country because of their race, religion, nationality, or political opinion or association.

An application for political asylum may be filed only by an individual that is physically in the United States, or is applying for admission at a port-of-entry (airport, seaport, or border crossing). The application must be filed (with limited exceptions) within one year of entering the United States (1-year rule).

The application is filed with USCIS through Form I-589 (affirmative asylum). There is no filing fee to apply. USCIS will schedule an asylum interview as soon as possible. If an interview is not scheduled within 150 days, the asylum applicant can also apply for work authorization. If USCIS denies the application, the case will be referred to an immigration judge and you will be placed in deportation proceedings.

Non-citizens that are in removal proceedings may also apply for asylum with the immigration court (defensive asylum), if they are not barred by the 1-year rule. Asylum remains the most common relief from deportation that is claimed in U.S. immigration courts. However, filing a frivolous application for asylum carries stiff consequences. If an immigration judge holds that a non-citizen filed a frivolous application, he or she will be permanently barred from receiving other immigration benefits, like asylum, adjustment of status, or temporary protected status.

As a criminal and immigration lawyer, I helped numerous clients apply for asylum in the United States. I have substantial experience with deportation cases, criminal defense of non-citizens, and immigration appeals.

Please contact my office if you believe you qualify for asylum.

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