We all have heard a great deal about asylum lately through the news and other sources of media. All of this information can be very confusing. I started getting calls with people entirely confused and think that filing for asylum is not available any longer.

I’m going to list the most common questions I get and I will do my best to answer these questions.

1. Can you still file for asylum in New York if you entered with a Visa but are now out of status?

Yes. However, there may be individual facts which may vary your case, such as when you last entered the U.S.?

2. If you are not eligible for asylum, can you still seek protection from deportation/ removal in Immigration Court?

Presuming you are eligible for asylum (whether because of a particular criminal conviction or are time barred), you may still be eligible for other relief, which may stop your deportation/ removal.

3. How long does the process take?

This is very difficult to answer without knowing certain facts. There are some cases filed with USCIS that can be resolved favorable in less than 2 months and there may be some cases that can be on the court calendar for 3 years. So, these things usually depend on each individual case.

4. Can I get work authorization during this long wait?

Generally speaking, you qualify to get work authorization after the passage of certain days following the pendency of your asylum application. I’m hesitant to give the number of days because every case is unique and the clock to start there time may be triggered at different times for different cases.

Familiarize yourself with the law. Get the information from a proper source. Someone licensed to practice law and is in the business of immigration law.

As you may have heard, the U.S. Supreme Court recently ruled that the Trump administration’s rule that prevents many Central American migrants from filing for asylum in the U.S. can continue. Is this an end to asylum for those people? Not necessarily. It just temporarily blocked a lower court’s ruling prohibiting Trump from doing that.

However, we can obviously infer from this that it will not get easier for certain asylum seekers. So, if you are a person seeking asylum protection and live in New York City (such as Brooklyn, Queens, Staten Island, Manhattan or the Bronx), contact an experienced Immigration lawyer to discuss filing for asylum. Do not waste further time and wait for laws to possibly make it even more difficult. Be offensive and not defensive. This does not put an end to asylum seekers everywhere. Get the facts from an Immigration attorney that has nearly 20 years experience serving the New York City (such as Brooklyn, Queens, Staten Island, Manhattan or the Bronx) area.

President Trump has pledged to increase immigration enforcement.  What does this mean for the undocumented immigrant?  This likely means that you will have contact with ICE (Immigration DHS Agents).  When ICE makes contact, they will determine your custody status.  What does this  mean?  To put it simply, they will determine whether they will keep you locked up or release you.  They will need to determine whether you can be trusted to appear in Immigration Court (Executive Office for Immigration Review – EOIR).  Dont take any comfort in assuming that they will make a rational and reasonable decision in making a custody determination.  Most of their decisions lack a common sense approach.  All too often, I have clients with criminal records released by DHS and clients with no criminal record and strong ties to the U.S. (U.S .Citizen children, long length employment, etc) held without bond.  The moral of this blog?

1. DONT ASSUME YOU WILL NOT HAVE ANY CONTACT WITH IMMIGRATION OFFICIALS. DONT ASSUME BECAUSE YOU HAVE BEEN IN THE U.S. FOR AN EXTENDED PERIOD OF TIME, THEY ILL NOT GET TO YOU.
2. DO NOT LEAVE YOUR FREEDOM IN THE HANDS OF AN AGENCY THAT ALL TOO OFTEN MAKES THE WRONG DECISION.

Immigration laws are very complicated.  DHS uses these laws to deport people.  You can use them to obtain permanent residency.  Be proactive, not defensive.  Take the initiative and legalize your status.  The first step is to contact an experienced Immigration lawyer attorney.