BEST Asylum Lawyer for Immigrants in New York, NY
US Asylum Attorney in NY - helping to create a path to safety and protection.
Have you been forced to flee your home country due to persecution or a well-founded fear of persecution? At Cohen Immigration Law Group, our experienced asylum lawyers understand the challenges you face and are dedicated to helping you seek safety and protection in the United States. Retired Judge Cohen, who presided over numerous asylum cases during her tenure as an immigration judge and ICE attorney, leads our team. Call us today for expert advice and guidance on your asylum application.
What is Asylum?
Asylum is a form of humanitarian relief granted to individuals who have been persecuted or fear persecution in their home country based on:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a
- particular social group
If you are granted asylum, you will be allowed to remain in the United States, work legally, and eventually apply for a green card and U.S. citizenship.
Who is Eligible for Asylum?
To be eligible for asylum, you must meet the following criteria:
- You must be physically present in the United States or seeking entry at a port of entry.
- You must have a well-founded fear of persecution in your home country. This means you have a reasonable fear of being harmed or persecuted if you return.
- The persecution you fear must be based on one of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
The Asylum Process
The asylum process can be complex and lengthy. It generally involves the following steps:
Filing an Application:
You must file Form I-589, Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS).
Attending an Interview:
You will be interviewed by an asylum officer who will assess your eligibility for asylum.
Receiving a Decision:
The asylum officer will either grant or deny your asylum application.
Immigration Court (if applicable):
If your application is denied, you may have the opportunity to appeal the decision in immigration court.
How To Apply For Asylum In America
Applying for asylum in the U.S. follows a clear, multi-step process. The specific path depends on whether you are filing Affirmatively (not in deportation proceedings) or Defensively (as a defense against deportation).
Establish Eligibility: You must be physically present in the United States or seeking entry at a U.S. port. You must demonstrate a well-founded fear of persecution based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
File Form I-589: The first mandatory legal step is to file the Form I-589, Application for Asylum and for Withholding of Removal. This must be submitted to the appropriate government agency (USCIS or Immigration Court).
Critical Deadline: The law requires you to file the Form I-589 within one year of your last arrival in the U.S., with very limited exceptions. Missing this deadline is one of the most common reasons for denial.
Attend Biometrics Appointment: You will be scheduled for an appointment at a USCIS Application Support Center (ASC) to provide fingerprints, photographs, and a signature for background and security checks.
Prepare for and Attend the Hearing/Interview:
Affirmative Case: You will attend a non-adversarial interview before a USCIS Asylum Officer.
Defensive Case: You will attend a full adversarial hearing before an Immigration Judge.
Receive a Decision: If granted, you become an Asylee, protected from deportation. After one year, you may apply for Lawful Permanent Resident status (a Green Card).
Challenges and Considerations in Asylum Cases - How A NYC asylum lawyer Near You Can Help
One-Year Filing Deadline: Generally, you must apply for asylum within one year of your arrival in the United States.
Burden of Proof: You have the burden of proving that you meet the eligibility requirements for asylum.
Credibility: Your testimony is crucial to your case. The asylum officer or immigration judge must find you credible to grant you asylum.
Evidence: You should gather as much evidence as possible to support your claim, including documents, testimony from witnesses, and expert opinions.
What Can A US Asylum Attorney Do To Help Me?
A U.S. asylum attorney provides critical legal assistance to individuals seeking protection in the United States due to fear of persecution. Their role encompasses:
Evaluating Eligibility: Assessing whether the applicant qualifies for asylum based on race, religion, nationality, membership in a particular social group, or political opinion.
Preparing Applications: Assisting in the completion and submission of Form I-589, Application for Asylum and for Withholding of Removal, along with supporting documentation.
Gathering Evidence: Collecting personal statements, affidavits, country condition reports, and other pertinent evidence to substantiate the claim.
Preparing for Interviews: Coaching clients on what to expect during asylum interviews, ensuring they can effectively communicate their experiences.
Representation in Court: Advocating on behalf of clients in immigration court hearings, presenting evidence, and making legal arguments.
Providing Ongoing Support: Offering guidance throughout the asylum process, including assistance with work authorization applications and appeals if necessary.
Why Legal Representation Matters
Studies indicate that asylum seekers with legal representation are significantly more likely to be granted asylum compared to those without. An experienced asylum attorney ensures that all procedural requirements are met, deadlines are adhered to, and the client’s case is presented in the most compelling manner possible.
How Cohen Immigration Law Group Can Assist
At Cohen Immigration Law Group, we specialize in representing vulnerable immigrants seeking asylum in the United States.
Contact A Cohen Immigration Law Group Attorney Near You Today
Seeking asylum can be a daunting process, but you don’t have to go through it alone. Contact Cohen Immigration Law Group today for a consultation with our experienced asylum lawyers. We can help you understand your rights, navigate the complexities of the asylum process, and seek the protection you deserve.
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