In New York, many people who are residing in the state without legal documentation do so because of hostilities in their home country. The asylum process gives them the opportunity to present the case that they are facing persecution in their country of origin and, therefore, are seeking safety in the United States. While being granted asylum comes with lawful permanent residency and other benefits, getting to that point can be difficult without the assistance of a New York asylum lawyer.
The asylum process is different for each unique applicant, as there are three main avenues to be granted asylum, and certain cases will go through multiple appeals. Therefore, it is critical to have an experienced asylum attorney on your side who can inform you about how your process will go, as well as the associated timelines and potential costs. There are certain tips that you can follow to receive a positive outcome for your case.
Understanding and Championing Your Asylum Path in New York
There are three main ways to be granted asylum in New York, which are:
- The affirmative asylum process
- An Affirmative Merits Interview as a result of expedited removal proceedings
- A defensive asylum process
To navigate your asylum process smoothly and work toward an optimal result, you should do the following:
Secure an experienced and compassionate NY asylum lawyer. Having legal representation can greatly increase your chances of having a positive immigration case outcome. A skilled attorney can inform you of your rights and leverage all available strategies to succeed in your asylum case.
Know your process. You can take control of your situation by having your immigration lawyer explain to you the steps involved in your asylum process. For example, if you are facing an expedited removal or deportation order, then it is important to be aware of all the subsequent steps that the asylum process will entail.
Collect critical evidence. A key part of any asylum case is proving that there is a reasonable fear of persecution or torture if the applicant were to return to their home country. Therefore, it is important to have supporting evidence that can corroborate your story, such as phone and text records, hospital records, photos, or videos.
Apply on time. If you are taking the affirmative asylum route, then it is important to submit your application as soon as possible so that you don’t lose your opportunity to apply. Your immigration lawyer can help you meet any other pertinent deadlines.
Prepare for your interview or hearing. Depending on the way that you are working to get asylum, you may need to go through just one interview with the USCIS, or you might be subject to multiple screenings, hearings, and interviews. It’s important to prepare by answering any anticipated questions, as such interviews can be emotionally taxing.
Don’t give up. Even if you receive a negative decision on your affirmative asylum application, you will still have other options to attempt to reapply (through the defensive asylum process), appeal, or pursue ways to continue to legally reside in the country.
While you are waiting on the results of your asylum application, you are permitted to legally reside in New York. You can also receive certain benefits and, in some cases, permission to work. If your application is rejected or if you are facing a deportation or removal order, a qualified asylum lawyer can help inform you of the available options that you can use to fight back. When trying to smoothly navigate your New York asylum case, an experienced and knowledgeable immigration lawyer can help you find success.
FAQs
How Much Does It Cost to Apply for Asylum in the USA?
Applying for asylum in the United States does not have an associated filing fee. Furthermore, you can file your application for your spouse and dependents by listing them on your application as well. However, they must also be physically present in the country. You have up until a decision is made on your asylum application to add your physically present spouse and dependents.
How Long Does It Take to Get an Answer for My Asylum Application?
It should take under 180 days from the date when you filed your Form I-589, known as the Application for Asylum and for Withholding of Removal, with United States Customs and Immigration Services (USCIS). However, some exceptions may apply to your case, including whether there was a delay in receiving any requested supporting evidence.
What Do They Ask in U.S. Asylum Interviews?
During an affirmative asylum interview in the United States, you will be asked questions that are related to yourself, the conditions in your home country, and your history of asylum applications in other countries. You will be asked specific questions about yourself, such as your name, date, and place of birth. You will also likely be asked why and when you left your home country and what the conditions are like there that do not allow you to return.
Can I Cry During a New York Asylum Interview?
Yes, you can cry during an interview for asylum in the United States, and this will not impact whether you are eligible. You will likely be nervous before your interview, and the questions that are asked are typically difficult, as you will have to recount difficult stories and situations from your past in front of a government official. Therefore, it is very understandable and natural that you might cry. You can request a break if you feel that one is necessary.
Work With a New York Asylum Lawyer Who Can Walk You Through the Process
Applying for asylum can be emotionally charged and even frightening, as fear of rejection can be associated with the risk of potential deportation. The immigration lawyers at the Law Offices of Robert Tsigler, PLLC, understand what is at stake and are here to protect your presence in New York. Our firm can help you carry out an optimal case strategy to secure your asylum status. Reach out to our compassionate New York asylum legal team today to get started.
