NYC Asylum Help

Welcome to The Kuba Law firm, PC.

At The Kuba Law firm, our New York City asylum lawyer has the knowledge, skills, and immigration law experience that you can trust. We are committed to serving our clients with excellence, integrity, and a drive for results. Our team of immigration lawyer stake on all types of asylum cases. If you have any questions about the asylum process, we are here to help. Contact our New York City immigration lawyer today for a fully confidential, no obligation initial consultation.

What is Asylum?

The American immigration system offers certain types of legal protections to vulnerable people. One of the most prominent examples in asylum. Broadly explained, asylum is a legal protection granted to people in the United States who have fled their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. To qualify for asylum, the applicant must be physically present in the United States or he or she must be seeking admission at a port of entry.

Eligibility Requirements for Applying for Asylum

It is important to emphasize that not every person who wants to come to the United States can qualify for asylum. Indeed, there are people who are in a difficult situation in their native country that nonetheless may still not qualify for asylum protections. There are strict eligibility requirements to get approved for asylum. As part of your application, you must show:

1. Presence in the U.S. or at a Port of Entry: To apply, you must be physically present in the United States or seeking admission at an approved American port of entry. You do not apply for asylum at a U.S. Consulate in another country.
2. Legitimate Fear of Persecution: Next, you must establish a credible, well-founded fear of persecution in your home country. That fear must be objectively reasonable and supported by evidence and/or credible testimony.
3. Persecution Due to Protected Grounds: Asylum is not available for all types of persecution. To qualify for protection, your persecution must be on account of at least one of the five protected grounds: A) Race, B) Religion, C) Nationality, D) Political opinion, or E) Membership in a social group (e.g., LGBTQ+, tribal affiliation, victims of domestic abuse.
4. A One-Year Filing Deadline: As a general rule, the asylum application (Form I-589) must be filed within one year of your last arrival in the U.S. However, exceptions may apply if you can demonstrate extraordinary circumstances justifying the delay.
5. No Firm Resettlement in Another Country: You cannot have protection in another third country. Applicants who have already been firmly resettled in a third country prior to arriving in the United States are typically barred from asylum eligibility.
6. Not Barred by Statute: You may be denied asylum if you have persecuted others, been convicted of certain serious crimes, are deemed to pose a national security threat, or previously filed a frivolous asylum claim.

How Do You Apply for Asylum?

How exactly you apply for asylum in New York City will depend, in large part, on the specific type of asylum claim that you are pursuing. There are two broad categories of asylum claims:

• Affirmative Asylum Application: An affirmative asylum application is filed voluntarily by a person who is not in removal (deportation) proceedings. He or she must submit Form I-589 to the U.S. Citizenship and Immigration Services (USCIS) within one year of arriving in the county—unless an exception to the deadline applies. The process includes an interview with an asylum officer. The applicant must demonstrate a well-founded fear of persecution based on protected ground. If the claim is denied and the applicant lacks lawful immigration status, the case is referred to an immigration judge for possible removal proceedings.
• Defensive Asylum Application: On the other hand, a defensive asylum application is one that is filed as a defense against removal from the United States during immigration court proceedings. Most often, the process occurs when a person has been apprehended by immigration authorities and/or has had a previously denied affirmative asylum case referred to the court. To bring a successful defensive asylum claim, a person must present their case before an immigration judge under the supervision of the Executive Office for Immigration Review (EOIR). They have a burden to establish eligibility for asylum.

How Our New York City Asylum Attorney Can Help

Asylum is an important immigration option that is available for qualifying vulnerable people. At the same time, applying for asylum is notoriously complex. There are very specific criteria that must be satisfied to qualify for asylum protections. At The Kuba Law firm, your fight is our battle. We have a record of winning results in challenging cases. Among other things, our New York City asylum lawyer is prepared to:

• Hear your story and answer questions about your immigration case;
• Help you gather and prepare all supporting documents, records, and information; and
• Represent you through each and every stage of the asylum application process.

Asylum Claims in New York City: Frequently Asked Questions (FAQs)

Can I apply for asylum if I entered the U.S. as an undocumented immigrant?

Yes. You may apply for asylum regardless of how you entered the United States, as long as you are physically present in the country. However, you must still meet all eligibility requirements.

Can I work while my asylum application is pending?

Maybe. You can apply for work authorization (Form I-765) 150 days after submitting your asylum application. However, the USCIS cannot issue the permit until 180 days have passed.

What happens if my asylum application is denied?

If denied affirmatively and you lack lawful status, your case will be referred to immigration court for removal proceedings. At that point, you can renew your asylum claim defensively. If denied in court, you may appeal to the Board of Immigration Appeals (BIA) and potentially even to federal court.

Contact Our New York City Asylum Lawyer Today

At The Kuba Law firm, our New York City asylum attorney is a knowledgeable, compassionate, and experienced advocate for justice. If you have any specific questions or concerns about the asylum process, our team is here as a resource you can trust. Get your free consultation now! With offices in New York City, Rockland, and Hauppauge, we handle asylum claims throughout the entire region. in New York City, Rockland, and Hauppauge, we serve communities throughout the region.