You may be eligible to apply for asylum if you’ve fled persecution in your home country and come to the United States seeking safety. The process, however, is complex and demanding — it requires that you have either (1) experienced persecution or (2) fear persecution based on specific criteria. Having an asylum lawyer in New York to provide you with legal guidance can make a world of difference.
What does asylum mean, and how can it protect you?
Asylum is a protection granted to individuals who have fled their home country due to (1) persecution or (2) a well-founded fear of persecution. The US offers this legal pathway to safeguard human rights and provide refuge to those in need.
To qualify, you must prove that the persecution you faced relates to at least one of the following categories: race, religion, nationality, political opinion, or membership in a particular social group.
- Race includes discrimination, threats, or violence based on ethnicity or origin
- Religion includes religious beliefs or practices that lead to harassment, violence, or discrimination
- Nationality refers to persecution linked to your citizenship or ethnicity
- Political opinion refers to threats, imprisonment, or harm due to your political beliefs or affiliations
- Social group membership includes persecution for sexual orientation, gender identity, or being part of a specific cultural, social, or economic group.
A skilled asylum lawyer in New York can help you organize your case and gather the evidence you need to demonstrate your eligibility.
What challenges do asylum seekers face?
The US immigration system imposes strict requirements and high standards for evidence, leaving many applicants struggling to meet the burden of proof. In FY 2023, the Executive Office for Immigration Review handled over 220,000 asylum cases, but only 14% were granted.
Common reasons for application denials include:
- Failing to prove that persecution is “well-founded” (failing to present credible and convincing evidence such as imprisonment and torture, and/or country conditions evidence such as reports from human rights organizations that demonstrate widespread human rights abuses or systemic discrimination)
- Submitting an incomplete application
- Failing to apply within one year of arrival in the US
- Posing potential national security risks (such as criminal convictions and intelligence/ military service in countries considered hostile to the US)
Strict evidentiary requirements and changing immigration policies also contribute to high denial rates. Additionally, many asylum seekers don’t have access to legal representation. Without an asylum lawyer in New York, navigating the system becomes even harder, and small mistakes can lead to rejection.
How can an asylum lawyer in New York help?
An experienced asylum lawyer can be your strongest advocate during this difficult process.
- Your lawyer evaluates whether you meet the qualifications for asylum and determines the best legal strategy.
- They help collect the documentation needed to prove persecution (such as police reports and medical records).
- They ensure that all your forms are complete, accurate, and filed on time with the USCIS.
- If your case is referred to immigration court, your lawyer presents your arguments and defends your rights.
If you’re unable to meet the strict asylum qualifications, you may still have legal avenues for protection:
- Withholding of Removal – This prevents deportation but does not grant permanent residency or allow family members to join you.
- Convention Against Torture Relief – If you face torture in your home country, CAT provides a way to stay in the US under international agreements.
A qualified asylum lawyer in New York can help determine if you’re eligible for these protections and guide you through the application process.
Your asylum lawyer in New York: Berd & Klauss, PLLC
You deserve the chance to live without fear and build a future for yourself and your family. However, leaving your home country to escape persecution is a life-altering decision, and there are no guarantees.
Having the right legal support as you seek asylum can help you build a strong case. Berd & Klauss, PLLC assists asylum seekers in New York City. You can rely on our team to provide clear guidance and compassionate support, ultimately ensuring that you benefit from effective representation.
Whether you’ve been in the US for less than a year or for several years, we work to give you the best chance of obtaining asylum, helping you complete paperwork and meet deadlines. Our experienced asylum lawyers in New York can help you approach the process with confidence, knowing you have knowledgeable advocates fighting for your rights.