If you’ve reached the point of seeking asylum, chances are you’ve already carried more than most people will ever have to imagine. The process won’t undo what you’ve been through, but it can give you a chance to regain some control. Our asylum lawyer in New York can walk through the details with you, explain what you should expect, and help you build a strong case that gives you the best possible chance at protection.
What asylum means
Asylum is a legal protection that allows you to stay in the United States when returning to your home country would put you at risk of serious harm.
That risk of serious harm must be tied to one or more of these reasons: your race, your religion, your nationality, your political opinion, or your membership in a particular social group. Simply feeling unsafe or facing economic hardship isn’t enough under US immigration law — you need to show that the danger you face is targeted and tied to one of these protected grounds in order to be eligible.
What persecution means
Persecution doesn’t always look the same. It can take the form of violence or threats, but it can also be quieter years of intimidation, surveillance, or being cut off from basic needs like education or medical care. In many cases, the danger comes directly from the government, or from groups the government refuses (or fails) to control. US asylum law is meant to protect people in these situations. But the process is strict: You’ll need to show in detail what you’ve been through and why returning would put you at risk. Our asylum lawyer in New York can help.
The two main paths to asylum
You can apply for asylum in the US through two different legal pathways depending on your circumstances.
Affirmative asylum is for individuals who are already in the United States (usually with a valid visa) who apply directly to USCIS. The process starts with submitting Form I-589 (the application for asylum). After that, you’ll have an in-person interview with an asylum officer to explain your case.
- Defensive asylum applies if you’re facing removal or deportation and request asylum as a way to stay in the country. These cases are heard in immigration court, where you’ll need to present your case to a judge.
Both types of cases are closely scrutinized. Our experienced asylum lawyer in New York can prepare you for interviews or hearings. They know how to present the facts in a way that meets legal standards and make sure that nothing important gets overlooked.
How an asylum lawyer in New York can help
Asylum law is as complex as it is deeply personal. Our asylum lawyer in New York will work with you to understand your background, gather evidence that supports your claim, and file your application properly and on time. They can help you apply for work authorization while your case is pending. They’ll keep you informed about the progress of your case so that you know what to expect at each stage.
If your case is referred to immigration court, our lawyer can prepare you for hearings and advocate on your behalf. In some cases, they may be able to identify alternative forms of protection or relief if asylum isn’t granted.
What happens if you’re granted asylum
A successful asylum application allows you to remain in the United States legally. It also protects your spouse and children (if they’re included in your case). Once granted asylum, you can apply for work authorization and, after one year, request permanent residency.
What happens if your case is denied
If asylum is denied, the government may pursue removal. In some cases, this can result in a formal order to leave the US and a temporary bar on returning.
However, a denial does not always mean the end of your case. You may still have legal options, including appeals or applications for other forms of relief. Your attorney can guide you through those next steps.
When to reach out
Are you thinking about seeking asylum or have already started the process and feel unsure about what to do next? It’s best to talk to an attorney sooner rather than later. There are strict deadlines that limit how long you have to apply, and small missteps early on (like missing documents or unclear answers) can affect your entire case.
We’ve helped many individuals navigate these complex proceedings here at Berd & Klauss, PLLC. Call 212-461-7152 or email info@berdklauss.com if you need guidance or representation. Our asylum lawyers in New York are here to listen and explain your options, so you can take the next step forward.
