NYC Asylum Lawyer

New York City Asylum Attorney

Koch Law is a top-rated New York City immigration law firm that is experienced in helping people in all areas of immigration. Our NYC immigration attorneys help people obtain and keep legal status in the US. Whether you are looking to file for a visa or seek asylum as a refugee, our immigration and asylum attorneys are ready to help you. Specifically, an NYC asylum lawyer from our firm can help you successfully apply for asylum or fight any deportations.

The process to obtain asylum be complex and confusing. Your application is expected to be answered completely and correctly. It is important to know that if you do not answer everything correctly or make a false or misleading statement on your asylum applications, it can lead to criminal litigation which can even result in your deportation.

Our New York Immigration attorneys have represented clients facing all types of legal issues with regard to US immigration. If you have any immigration questions related to the application process for visas, green cards, or asylum claims then it is important to speak to an experienced immigration lawyer who can best help you.

Asylum Status in the US: What You Need to Know

Asylee status is immigration status granted to individuals by the US government that are located at the US border or already in the country who are facing persecution in their country of origin. Asylum seekers must be able to prove that they are facing a reasonable fear of persecution to qualify for asylum status.

Strong evidence that may be presented to significantly make a difference in an asylum case includes: personal testimony that lays out any persecution faced or specific threats from the home country, affidavits from case matter experts or witnesses, and medical reports, police records, and any other documentation that shows the harm encountered.

Persecution must be based on one of the following specified grounds: nationality, political opinion, membership to a social group, religion, or race. Individuals who are granted asylum are allowed to stay in the US, apply to legally work, and eventually obtain a green card, opening up the pathway for obtaining US citizenship.

How do I Apply for Asylum Status in the US?

To be considered for asylum status in the US, you have to demonstrate that you have been persecuted or are afraid that you might be persecuted because of your religion, race, nationality, or political or social reasons. You are allowed to apply for asylum if you are at a port of entry or are already in the United States.

You are required to be physically present in the United States and are allowed to apply for asylum within one year of your arrival to the United States no matter what your immigration status is. An asylum officer will make a determination if you are eligible for asylum by deciding if you meet the definition of a refugee. You can include both your spouse and any unmarried children under the age of 21 on your asylum application.

Applying for asylum is not like applying for a simple visa or other immigration filings; it is among the most difficult and serious types of immigration cases. If you are facing the need to file for asylum, then it is important to have an experienced immigration lawyer on your side to help you with your application.

Affirmative vs Defensive Asylum Process

The asylum process depends on whether the applicant is going through affirmative or defensive asylum. Affirmative asylum is for individuals who are not facing removal proceedings. Through affirmative asylum, applicants must file Form I-589, Application for Asylum and for Withholding of Removal, attend a biometrics appointment and asylum interview, and await their decision. If their case is rejected, they may have to go to immigration court.

The defensive asylum process, on the other hand, arises when a person applies for asylum as a way to defend themselves during removal proceedings. Defendants will need to file their Form I-589 to the immigration court that is handling their immigration proceedings. Then, after a hearing before an immigration judge, their case will be decided upon.

How a NYC Asylum Lawyer Can Assist Your Case

The asylum process can be overwhelming due to the high stakes and the significant complexity. A skilled immigration lawyer from our firm is ready to fiercely defend your case, whether you are navigating the affirmative or defensive asylum process. Specifically, we can assist you with the following:

• Assessing your case. A knowledgeable attorney from our firm can go over your specific case details, including your immigration history and conditions in your country of origin, to help determine your eligibility for asylum. Depending on your case, they may also be able to help you explore other types of humanitarian-based immigration options for which you could be eligible, such as a U-visa or T visa.
• Preparing relevant documentation. After determining eligibility, an attorney can help ensure the application you submit is accurate and complete, with sufficient supporting evidence.
• Preparing for your interview and hearing. Unfortunately, hearings in immigration courts and interviews with USCIS can be highly intimidating due to their scrutinization of your case. An attorney can help prepare you by helping you understand what you can expect and assisting you with developing a strategy that presents your case in an optimal light.
• Navigating issues. Whether you have been charged with a crime that is threatening your eligibility for asylum or if you have missed a crucial deadline, a seasoned attorney can help you develop and implement clever solutions to navigate the situation.
• Representing your case in court. If your case ends up going to immigration court, a dedicated attorney can fiercely advocate on your behalf, presenting sound legal arguments with robust supporting evidence to argue your eligibility for asylum and defend your right to stay.

If your case faces denial, we can work to help you exercise further options, such as filing an appeal or a petition to reopen your case if new evidence has emerged.

Children and Asylum Law

In recent US immigration news, the Ninth Circuit Court of Appeals blocked the federal government from detaining migrant children in hotels after being separated from their families at the southern border. The US government had partnered with local hotels to illegally detain migrant children against the Flores Agreement which required children to be housed in licensed children’s facilities.

It is alleged that these children were not given the opportunity to see their immigration attorneys nor were able to claim asylum before they were deported. If these children had immigration lawyers, then they may still be here in the United States.

Why Choose a New York Immigration and Asylum Lawyer?

If you live in New York and are looking for immigration help related to seeking asylum status, then hiring a New York immigration lawyer can be a great option. While our country has historically been a place that has encouraged immigration, our recent history has shown an opposite approach. The process to file for asylum status is becoming more and more difficult as evidenced by a recent decision in an important asylum case.

In recent US immigration news, the Board of Immigration Appeals (BIA) made a new rule to give asylum claimants less due process for their immigration cases. Here, an asylum claimant was denied his chance to claim asylum without the assistance of an immigration attorney when an immigration judge set an arbitrary deadline that wasn’t met. This decision underscores the real need that people have for experienced immigration lawyers to help them with their asylum claims.

If you are looking for an immigration lawyer in Manhattan, Brooklyn, or one of the other boroughs of New York City, Koch Law is available to serve you now. To speak to one of our experienced immigration lawyers, please follow the directions below.

FAQs

Please Apply Here for a Free Consultation

At Koch Law, we are proud to offer a free initial case consultation. We understand that if you are seeking asylum from New York, you will likely need a New York immigration attorney who not only understands the asylum process in New York but is also local. We treat our clients like family, and any discussions about your immigration case will be kept private even if you hire another immigration lawyer. To speak to one of our New York City immigration lawyers, call toll free at (844) 562-4529 or contact us online here.