New York City Asylum Lawyer
Our experienced New York City asylum lawyers have experience in every facet of immigration law and will bring that to bear to reach the best possible result in your asylum application process.
The Law Office of Jason A. Dennis is one of the fastest-growing immigration law firms in the country. We provide a team of experts on immigration law to offer legal assistance for every complication you might face throughout your asylum application process.
Contact our professional legal team today at (347) 868-6100 with your legal question or schedule an initial consultation and see what we can do to help you.
On This Page
- Do I Qualify for Asylum?
- How do I Apply for Asylum?
- Can I Include My Spouse and Children in My Asylum Application?
- Working in the United States under Asylum Status
- How Long Does it Take?
- Do I Need a Lawyer at My Asylum Interview?
- Hire a New York City Asylum Attorney
Do I Qualify for Asylum?
The United States offers its protection to people who face dangerous persecution in their home countries. To qualify for political asylum in the United States you must present yourself to immigration authorities and claim a well-founded fear of persecution based on your:
- Political opinion
- Membership in a social group
The persecution you cite on your application must usually be significant, such as human rights violations, torture, unlawful or political detention, physical violence, or infliction of serious emotional distress. Threats of harm may sometimes qualify as persecution if others in a similar situation to yours have experienced more significant persecution. It must also be either from the government or a group or individual from whom the government cannot or will not protect you.
The application process can require different approaches based on your specific circumstances. Regardless of the differences you will encounter later, all asylum applications begin with submitting Form I-589. Where you submit this form will vary depending on your situation.
- If you are applying for the first time and not facing removal proceedings, apply at the U.S. Citizenship and Immigration Services (USCIS) center with jurisdiction over your area of permanent residence.
- If you have previously applied for asylum and were denied, or if someone else applied for you, but you no longer qualify as their dependent, apply at the asylum office with jurisdiction over your area of permanent residence.
- If you are with a group of individuals such as stowaways, crewmembers, or others who arrived through the U.S. visa waiver program, apply at the USCIS service center with jurisdiction over your area of permanent residence.
For proper guidance to assure your asylum application is filed correctly the first time, consider working with a knowledgeable New York City immigration lawyer. They can provide you with the expertise to help you reach the proper legal status throughout the entire process.
Can I Include My Spouse and Children in My Asylum Application?
Your spouse and children must be listed on Form I-589 for your application for asylum, regardless of whether they want to be included in your application or are present in the United States. You may ask the immigration official to include them in your application proceedings.
Working in the United States under Asylum Status
You must wait 150 days after filing your asylum application before applying to work in the United States. After that waiting period, you are allowed to apply even if no decision has been reached on your asylum application. If you are granted asylum you are permitted to begin working immediately
While Employment Authorization Documents are not required for individuals in the US under asylum status, you may find them convenient. Should you choose to acquire them while waiting for the decision on your asylum application, you will need to file Form I-765.
How Long Does it Take?
Asylum applications are typically decided within 6 months of the asylum interview. Extraordinary circumstances may take longer.
Do I Need a Lawyer at My Asylum Interview?
Having a lawyer present at your asylum interview is not required, but those applicants who have experienced immigration lawyers with them are significantly more likely to have successful asylum applications.
The Law Office of Jason A. Dennis has experience in all areas of immigration law. Our knowledgeable team of lawyers is dedicated to reaching the best possible solution for our clients, for both simple and complex immigration matters. If you are considering applying for asylum, or wish to appeal a denial of your asylum application, contact our New York immigration lawyers for a free initial consultation.
How do You Apply For Asylum?You must submit an I-589 form to apply for asylum. If you are in removal proceedings, meaning that you have a hearing with an Immigration Judge scheduled, your asylum application must be submitted to the Immigration Court. If you are not in removal proceedings the application must be submitted to USCIS. In most cases, an asylum application must be filed within one year of your date of entry to the United States. A successful application must show the applicant fears persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group. Asylum cases tend to be very complex and require extensive evidence. It is recommended to contact an attorney before filing an application due to how complicated these cases are.
Can You Work While Waiting on a Green Card?If you have a valid H-1B or L-1 visa, you can continue working in the U.S. even while waiting on approval for a green card. Green card applicants are not able to start working in the United States without one of those Visas until they obtain a work permit by filing an I-765.
What Should You Do if Your Visa Expires?There are a number of visas available to foreign nationals wishing to permanently immigrate to the United States depending on their current status. If you are a foreign national engaged to a U.S. citizen there is a fiancé visa, if you are related to a U.S. citizen and wish to immigrate there are family visas, a work visa if you are experienced in a particular field or industry, and more.
What Type of Visa do You Need to Become a Permanent Resident of the US?There are a number of visas available to foreign nationals wishing to permanently immigrate to the United States depending on their current status. If you are a foreign national engaged to a U.S. citizen there is a fiancé visa, if you are related to a U.S. citizen and wish to immigrate there are family visas, a work visa if you are experienced in a particular field or industry, and more.