What is asylum in the United States?

Asylum is a form of legal protection for people already in the United States who cannot safely return to their home country. If you’ve suffered persecution or have a genuine fear of future persecution based on your race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum protection.

Who is eligible to apply for asylum?

To be eligible for asylum, you need to be physically present in the United States and have a well-founded fear of persecution in your home country. That fear must be connected to one of the protected grounds recognized under U.S. law. Generally, you should file your application within one year of arriving in the country, though exceptions do exist for certain circumstances. There’s no restriction based on your nationality, so people from any country can apply.

What qualifies as persecution for asylum?

Persecution involves serious harm or suffering. This can take many forms, including arrest, imprisonment, or torture. It might involve physical violence or ongoing threats to your safety. Religious or political oppression, gender-based violence, and targeted discrimination by the government or groups the government cannot or will not control all qualify as persecution. Every asylum case is unique and evaluated individually based on the evidence presented and the applicant’s credibility.

Do I need documents to win an asylum case?

Not necessarily. While having documents like police reports, medical records, or witness statements certainly helps strengthen your case, they’re not always required. Many people seeking asylum have fled dangerous situations without the opportunity to gather paperwork. U.S. law recognizes this reality and allows immigration officers and judges to approve cases based on credible testimony alone. What matters most is that your account is consistent, detailed, and believable.

What is the difference between affirmative and defensive asylum?

There are two ways to seek asylum depending on your situation. Affirmative asylum is when you proactively file your application with USCIS because you’re not currently facing deportation. In this process, you’ll attend an asylum interview where an officer reviews your case. Defensive asylum, on the other hand, happens when you’re already in removal proceedings and ask an Immigration Judge to grant you asylum as a defense against deportation. Our asylum lawyers have experience representing clients through both pathways.

Where are asylum interviews held in New York?

If you’re living in New York City or the surrounding areas like Brooklyn, Queens, the Bronx, or Long Island, your asylum interview will typically take place at the USCIS Asylum Office located in Rosedale, Queens. If your case proceeds to Immigration Court, hearings are held at one of the designated immigration courts throughout New York City.

Can asylum applicants work legally in the United States?

Yes, you can. Once your asylum application has been pending for at least 150 days, you become eligible to apply for a work permit, officially called an Employment Authorization Document. After it’s approved, you’ll be able to work legally in the United States while waiting for a decision on your asylum case.

How long does an asylum case take?

The timeline varies significantly from case to case. Some applications are resolved within several months, while others can take years. The length of time depends on factors like current USCIS or court backlogs, the complexity of your individual case, and whether the government requests additional evidence or documentation. Throughout this process, our firm works to ensure you remain compliant with all requirements and are fully prepared at every stage.

What happens if my asylum application is approved?

When asylum is granted, it changes your legal status significantly. You’ll be able to remain in the United States legally and can apply for a work permit right away. You’ll also have the option to request asylum protection for certain qualifying family members. After living in the U.S. as an asylee for one year, you can apply for lawful permanent residence, commonly known as a green card.

What happens if my asylum case is denied?

A denial doesn’t necessarily mean the end of your options. Depending on how your case was processed, you may be referred to Immigration Court where you can present your case again before a judge. You may also have the right to appeal the decision. Additionally, there may be other forms of immigration relief available to you that weren’t initially considered. An experienced asylum attorney can review your situation and help determine the best path forward.

Why should I hire an asylum lawyer in New York?

Asylum law is intricate and unforgiving. Even minor errors in your application or testimony can result in a denial with serious consequences. An experienced New York asylum attorney brings invaluable knowledge to your case by preparing strong legal arguments tailored to your circumstances, organizing and presenting evidence effectively, and thoroughly preparing you for interviews and court hearings. Having skilled legal representation before USCIS and Immigration Court dramatically improves your chances of success.

How can Gursoy Law Firm help with my asylum case?

At Gursoy Law Firm, we provide personalized and strategic asylum representation for clients throughout New York and across the country. We understand that asylum cases involve incredibly high stakes, your safety, your future, and often the wellbeing of your family. We approach every case with the diligence and commitment it deserves, working tirelessly to protect your rights and secure your future in the United States.