Asylum Lawyer in New York

Asylum is a form of protection that allows people who are already in the United States, or who arrive at a port of entry, to remain here because they fear persecution in their home country. The Law Offices of Albert Goodwin, PLLC represents asylum seekers from New York City, Nassau, Suffolk, and Westchester counties, and from across the country. Attorney Albert Goodwin helps clients prepare strong, well–documented applications and prepares them for the questions they will face.

Asylum cases turn on credibility, detail, and corroboration. A claim that may be entirely true can still be denied if it is poorly presented or filed too late. Careful preparation makes the difference, and an experienced lawyer can help you tell your story in a way that meets the legal standard.

The legal standard for asylum

To qualify for asylum, you must show that you are unable or unwilling to return to your country because of past persecution or a well–founded fear of future persecution. That persecution must be on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The phrase “particular social group” covers categories such as family, sexual orientation, gender–based claims, and other groups that share a common, immutable characteristic.

You must also show that the government in your country is the source of the harm, or that the government is unable or unwilling to protect you from private actors who threaten you. A general fear of crime, war, or poverty, without a connection to a protected ground, usually does not qualify on its own.

Affirmative asylum versus defensive asylum

There are two paths to asylum. Affirmative asylum is filed with U.S. Citizenship and Immigration Services by someone who is not in removal proceedings. The applicant files the Form I–589 and is later scheduled for a non–adversarial interview at a USCIS asylum office. If the officer does not grant the case and the applicant has no other lawful status, the matter is usually referred to immigration court.

Defensive asylum is raised as a defense to removal before an immigration judge at the Executive Office for Immigration Review. People in removal proceedings, including many who were apprehended at the border, present their claim to a judge who hears testimony and reviews the evidence. If you are facing court, our deportation and removal defense lawyer can present your asylum claim as part of a broader defense strategy.

The one–year filing deadline

In most cases you must file for asylum within one year of your last arrival in the United States. Missing this deadline can bar your claim entirely, so it is important to act quickly. There are exceptions for changed circumstances that affect your eligibility, such as new conditions in your home country or a change in your own situation, and for extraordinary circumstances that prevented timely filing, such as serious illness or ineffective prior counsel. If an exception applies, you must still file within a reasonable time.

The I–589 and your declaration

The Form I–589 is the application for asylum and for withholding of removal. The form itself is only the framework. The heart of a strong case is a detailed written declaration in which you describe what happened to you, who harmed you, when and where it happened, and why you believe you were targeted. Vague or inconsistent statements undermine credibility, while a specific and consistent account supports it.

Corroborating evidence strengthens the declaration. That can include medical records, police reports, news articles, country condition reports, photographs, threatening messages, and affidavits from witnesses or family members. We work with clients to gather what is reasonably available and to explain any evidence that cannot be obtained.

The asylum interview and hearing

At an affirmative interview, an asylum officer asks questions under oath to test the consistency and plausibility of your account. In court, an immigration judge and a government attorney examine your testimony. In both settings, preparation matters. We review your declaration with you, anticipate difficult questions, and arrange a qualified interpreter when needed so that nothing is lost in translation.

Work permits while your case is pending

Asylum applicants may apply for employment authorization after their application has been pending for a required waiting period, provided there are no delays attributable to the applicant. A work permit allows you to support yourself and your family lawfully while you wait for a decision, which can take a long time given current backlogs.

What asylum grants, and the alternatives

A grant of asylum lets you remain in the United States and work. Your spouse and unmarried children under twenty–one can be included as derivatives if you list them, and you may petition for those abroad to join you. One year after asylum is granted, you may apply to become a lawful permanent resident. Our green card lawyer can guide you through that adjustment.

If you do not qualify for asylum, two related forms of protection may still be available. Withholding of removal applies when it is more likely than not that you would face persecution, and protection under the Convention Against Torture applies when you would more likely than not be tortured. These forms of relief do not lead to a green card and carry a higher burden of proof, but they can prevent your return to danger. People who fear return but are still abroad should consider a refugee application instead.

How our firm can help

Attorney Albert Goodwin prepares the I–589, drafts and refines your declaration, assembles corroborating evidence, and represents you at the interview or in court. We treat each story with care and build the record your case needs.

Call us at 212-233-1233 or email [email protected] to discuss your asylum case with a New York immigration lawyer.