Filing for Asylum in New York City (Brooklyn, Queens, Staten Island, Manhattan and the Bronx)

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.