If you are seeking protection in the United States because of persecution, our New York City asylum lawyers can explain your options and help you act quickly.
At Mendoza Law, our attorneys have over 100 years of combined legal experience. We help individuals and families facing harm in their home countries due to race, religion, nationality, political opinion, or membership in a particular social group.
To learn more, contact our firm to schedule a consultation with a New York City immigration lawyer.
Who Our New York City Asylum Lawyers Help
Asylum applicants often face serious risks based on their identity, beliefs, or experiences. We represent a wide range of clients, including LGBTQ+ individuals, political activists, journalists, and survivors of violence or persecution.
Our work begins with a careful review of your situation, including your safety, immigration status, and applicable deadlines. We explain the process clearly and outline what to expect at each stage, from filing through interviews or court proceedings.
If eligible, we also assist with including qualifying family members in your application or pursuing follow-to-join benefits after approval. Throughout your case, we provide clear updates and maintain a structured plan tailored to your circumstances.
How Asylum Works
To qualify for asylum, you must show that you have suffered past persecution or have a well-founded fear of future persecution based on a protected ground: race, religion, nationality, political opinion, or membership in a particular social group.
Persecution includes physical harm, threats, psychological abuse, or severe economic deprivation. The harm must be connected to one of the protected grounds.
If asylum is not available due to timing or other restrictions, we can evaluate alternative forms of relief, including withholding of removal and protection under the Convention Against Torture (CAT).
The Asylum Process in New York City
The process depends on your current status and whether you are in removal proceedings.
- Affirmative cases are filed with USCIS.
- Defensive cases are presented in immigration court.
In New York City, affirmative cases are typically handled by the New York Asylum Office, while defensive cases are heard in immigration courts, often in Manhattan.
After filing, your case may proceed through an interview, referral to court, or a final decision. In court proceedings, you will attend preliminary hearings followed by a merits hearing, where testimony and evidence are presented before a judge.
Evidence That Strengthens Your Asylum Case
A strong asylum application combines your personal statement with supporting documentation.
Your written declaration should clearly explain what happened, why you were targeted, and what you fear if you return. It should be detailed, consistent, and organized in a clear timeline.
Supporting evidence can include:
- Country condition reports from reliable sources.
- Medical or psychological evaluations.
- Police or official reports, when available.
- Affidavits from witnesses.
- Documentation of identity, affiliation, or activities.
- Photos, messages, or other records showing threats.
If certain documents are unavailable, our New York City asylum attorneys will address those gaps with alternative evidence and credible testimony. All foreign-language documents are submitted with certified translations.
Deadlines and the One-Year Filing Rule
Most asylum applications must be filed within one year of your last entry into the United States.
There are exceptions for changed circumstances, such as new threats or changes in country conditions, and for extraordinary circumstances, including serious illness or other barriers to filing.
If the one-year rule applies to your case, we evaluate available exceptions and document the timeline carefully. Even if asylum is not available, you may still qualify for withholding of removal or CAT protection.
Interviews, Hearings, and Appeals
During a USCIS interview, an officer will review your application and ask questions about your background and reasons for seeking protection.
In immigration court, your case will proceed through hearings, culminating in a merits hearing where you present testimony and evidence before a judge.
If your case is denied, you may have the option to appeal to the Board of Immigration Appeals and, in some cases, to a federal court. If your case is approved, you may remain in the United States and later apply for permanent residence.
Your Rights During Enforcement Actions
If you are stopped by immigration authorities, you have the right to remain silent and to request an attorney. You should not sign documents you do not understand.
If you fear returning to your home country, you may be entitled to a credible fear or reasonable fear interview, depending on your situation. These interviews are an important first step in seeking protection.
If you are detained, our team can evaluate your available options, including bond where applicable, and work to gather evidence quickly to support your case.
Fees, Processing Times, and Work Authorization
There is currently no filing fee for Form I-589. However, additional costs may include translations, expert evaluations, and supporting documentation.
You may apply for work authorization after your asylum application has been pending for a required period. Delays caused by incomplete filings or missed deadlines can affect eligibility, so careful preparation is important.
Our asylum lawyers in New York City will provide clear guidance on timelines, costs, and next steps, and we will keep you informed as your case progresses.
Asylum Bars and Alternative Forms of Protection
Certain factors may prevent approval of asylum, including specific criminal issues or prior immigration history.
If asylum is not available, we assess eligibility for withholding of removal or CAT protection, which may still prevent removal to a country where you would face harm.
We also prepare clients for credible fear or reasonable fear interviews when applicable, ensuring they understand the process and what is required.
Get Help Today With a New York City Asylum Attorney
Seeking asylum requires careful preparation and a clear, consistent presentation of your case.
At Mendoza Law, we take a deliberate and strategic approach to every case we handle. The fight continues, and we are committed to protecting our clients and presenting strong, well-supported claims.
If you are considering asylum in New York City, contact Attorney Maria to schedule a confidential consultation.