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