Asylum & Refugee Lawyer Serving New York City

01Services

What asylum legal services do we offer in NYC?

Asylum is U.S. immigration protection granted to people who fear persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group. Mandi Law Group represents asylum seekers in affirmative interviews at the USCIS NYC Asylum Office (Form I-589) and defensive cases at the New York Immigration Court at 26 Federal Plaza under EOIR. Appeals go to the Board of Immigration Appeals. For TPS, DACA and other humanitarian status questions alongside an asylum claim, see our TPS lawyer and DACA lawyer pages, or the firm's full New York asylum practice overview.

1. 01

   Affirmative Asylum Applications

   File Form I-589 (Application for Asylum) with USCIS Asylum Office for individuals not in removal proceedings. Complete application preparation documenting persecution or well-founded fear. Country condition research, expert declarations, supporting evidence. Asylum interview preparation at NYC Asylum Office.

2. 02

   Defensive Asylum (Immigration Court)

   Asylum defense before Immigration Judge at New York Immigration Court (26 Federal Plaza). For individuals in removal proceedings, asylum is raised as defense to deportation. Master calendar hearings, individual merits hearings, witness preparation, expert testimony, legal briefs.

3. 03

   Derivative Asylum for Family

   Include spouse and unmarried children under 21 in your asylum application. Derivative asylum for family members already in U.S. or abroad. Follow-to-join asylum for family members joining you after asylum approval. Family reunification for NYC asylum recipients.

4. 04

   Asylum Work Permits & Green Cards

   Employment Authorization Document (EAD) available 150 days after filing asylum application (issued after 180 days if no decision). Green card eligibility 1 year after asylum approval. Advance parole/refugee travel documents. Path to permanent residence and citizenship.

03Questions clients ask

Asylum NYC FAQs

What is asylum and who qualifies in NYC?

Asylum is U.S. protection for foreign nationals who have suffered persecution, or fear future persecution, on account of race, religion, nationality, political opinion, or membership in a particular social group. Applicants must show their government cannot or will not protect them. Asylum is protection granted to foreign nationals in the United States who have suffered persecution or have a well-founded fear of persecution in their home country. To qualify for asylum in NYC, you must prove: (1) You suffered persecution or have a well-founded fear of future persecution. (2) The persecution is based on one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. (3) Your government is unable or unwilling to protect you, or is the persecutor. Persecution means serious harm or suffering—threats to life, torture, imprisonment, physical violence, sexual assault, severe discrimination. Examples qualifying for asylum: LGBTQ+ individuals facing persecution, domestic violence victims where police won't help, political activists threatened by government, religious minorities facing violence, women fleeing FGM or forced marriage, journalists threatened for reporting. NYC has diverse asylum seekers from countries worldwide including China, El Salvador, Honduras, Guatemala, Venezuela, Russia, Egypt, Cameroon, and many others.

What is the one-year filing deadline for asylum?

Federal law requires asylum applicants to file Form I-589 within one year of their most recent arrival in the United States. Limited exceptions apply for changed circumstances (e.g., a new persecution risk) or extraordinary circumstances such as serious illness, minority status, or ineffective counsel. You must file your asylum application (Form I-589) within one year of your last arrival in the United States. This is called the 'one-year bar.' If you miss this deadline, you are barred from asylum eligibility unless you qualify for an exception. Exceptions include: (1) Changed circumstances materially affecting your eligibility (new persecution arose, country conditions worsened, you 'came out' as LGBTQ+, you converted religion). (2) Extraordinary circumstances preventing timely filing (serious illness, mental/physical disability, ineffective assistance of counsel, death of family member). The deadline is strict—USCIS and Immigration Judges rigorously enforce it. Calculate carefully: count from your last entry to the U.S., not your first entry. If you entered on a visa, the clock starts when you entered, not when your visa expired. Many NYC asylum seekers miss this deadline unaware. If you're approaching the one-year mark, file immediately—even if your application isn't perfect, filing preserves your eligibility and you can supplement later. Our NYC asylum attorneys help clients meet deadlines and argue exceptions when necessary.

What is the difference between affirmative and defensive asylum?

Affirmative asylum is filed proactively with the USCIS Asylum Office when the applicant is not in removal proceedings; the asylum officer interviews and decides. Defensive asylum is raised before an immigration judge as a defense against deportation in adversarial removal proceedings. Affirmative asylum: You proactively file Form I-589 with USCIS Asylum Office when you are NOT in removal (deportation) proceedings. You schedule an asylum interview at the NYC Asylum Office. The asylum officer decides your case. If approved, you get asylum. If denied and you have valid immigration status, you may appeal to Immigration Judge. If denied and you have no status, you are placed in removal proceedings where you can re-apply (becomes defensive). The wait for the interview is set by the asylum office backlog. Defensive asylum: You are in removal proceedings before an Immigration Judge at New York Immigration Court (26 Federal Plaza), and you apply for asylum as a defense against deportation. This happens if: you were apprehended at the border, your affirmative asylum was denied and referred to court, ICE arrested you. You present your asylum case to an Immigration Judge in adversarial proceedings with a government attorney opposing, over a master calendar hearing and then an individual merits hearing set on the court's own docket. Key differences: affirmative is non-adversarial (just you and asylum officer), defensive is adversarial (government attorney tries to deport you, judge decides). Both can result in asylum approval and lead to green card.

How long does the asylum process take in NYC?

What sets the length of an asylum case is whether it is affirmative or defensive, which asylum office or immigration court holds it, and how many hearings the judge sets. Processing times change regularly — check the current figure for your form and service centre on the USCIS processing-times page, or ask us at your consultation. The stages are fixed; the waiting between them is not. Affirmative asylum (USCIS): you file Form I-589, wait for the NYC Asylum Office to schedule an interview, attend the interview, and then wait for the decision to be mailed. If approved you receive asylum; if denied and you have no status, the case is referred to immigration court. Defensive asylum (immigration court): the case runs at New York Immigration Court at 26 Federal Plaza through a master calendar hearing and then an individual merits hearing, with hearing dates set by the court and often years apart. Work authorisation: you may file Form I-765 for an Employment Authorization Document 150 days after filing asylum, and USCIS issues it after 180 days if no decision has been made — those two periods are set by regulation, not by backlog. Green card: if asylum is granted, you file Form I-485 one year after approval, which is its own queue. Processing times change regularly — check the current figure for your form and service centre on the USCIS processing-times page, or ask us at your consultation.

Can I work while my asylum case is pending in NYC?

Yes. Asylum applicants may file Form I-765 for an Employment Authorization Document (EAD) 150 days after filing Form I-589; USCIS issues the EAD after 180 days if no decision has been made. The card is issued once USCIS adjudicates the I-765; check the current figure for Form I-765 on the USCIS processing-times page. Yes, but you must wait. Asylum applicants can apply for an Employment Authorization Document (EAD) 150 days after filing their Form I-589 asylum application with USCIS. USCIS will issue the EAD after 180 days from the asylum filing date, assuming no decision has been made on your asylum case. You file Form I-765 (Application for Employment Authorization) with no fee for an asylum-based EAD; the card is issued once USCIS adjudicates that form, and the current figure for Form I-765 is published on the USCIS processing-times page. Asylum-pending EADs are currently issued for up to 18 months and can be renewed for as long as the asylum case remains pending. With an EAD, you can work for any employer in NYC—you're not restricted to a specific employer like H-1B workers. You can also apply for a Social Security Number with your EAD. Important: the 150-day clock doesn't start if you caused delays (didn't appear for interview, requested continuances in court). If your asylum is denied and you appeal, you can continue renewing your EAD while the appeal is pending. This allows NYC asylum seekers to work legally and support themselves during the lengthy asylum process.

How much does an asylum lawyer cost in NYC?

Asylum attorney fees in NYC depend on whether the case is affirmative (USCIS) or defensive (immigration court) and on how much evidence has to be built. There are no USCIS filing fees for the I-589 or the asylum-based EAD. Low-income applicants may qualify for non-profit representation. Affirmative asylum representation covers I-589 preparation, personal declaration drafting, evidence gathering, country conditions research, witness affidavits, and asylum interview preparation; defensive asylum covers master calendar hearings, the individual merits hearing, witness preparation, expert witnesses, legal briefs, and appeals, so it involves far more attorney time. Attorney fees depend on the type of case and how much of the record has to be built; flat fees are quoted in writing before work starts, and payment plans are available. Government filing fees are set by USCIS, published on uscis.gov, and listed separately from our fee. Non-profit legal aid organizations provide low-cost asylum representation to low-income NYC residents (NYLAG, Legal Aid Society, Safe Passage Project for children, others). There are NO USCIS filing fees for asylum applications—Form I-589 and asylum-based I-765 EAD applications carry no government fee. Asylum seekers should get an attorney if possible—asylum law is complex, and representation significantly increases approval rates.

What happens at an asylum interview in NYC?

NYC asylum interviews at the USCIS Asylum Office last 1-4 hours. The officer reviews the I-589, takes sworn testimony about persecution, assesses credibility, and reviews country-conditions evidence. Decisions are typically mailed within two weeks to six months after the interview. NYC asylum interviews are held at the USCIS Asylum Office (usually at 26 Federal Plaza or other NYC USCIS locations). The interview lasts 1-4 hours. What to expect: (1) Arrival: Bring your interview notice, photo ID, passport, and any new evidence. An interpreter is provided if you requested one. (2) Oath: You are sworn in and promise to tell the truth. (3) Background questions: The asylum officer reviews your I-589 form asking about your identity, entry to U.S., family, addresses, travel history. (4) Persecution testimony: You testify in detail about the persecution you suffered or fear. The officer asks probing questions about who persecuted you, when, where, what happened, why you couldn't relocate within your country, why government couldn't protect you. (5) Credibility assessment: The officer evaluates whether you're telling the truth—consistency in your testimony, corroborating evidence, demeanor. (6) Country conditions: Officer may ask about current conditions in your country. (7) Closing: You can add any final statements. Bring original supporting documents: police reports, medical records, threat letters, photos of injuries, news articles about your country, expert letters. Your attorney can attend and may clarify answers. Decision: mailed once the officer and supervisory review are complete, which is not on a fixed schedule. Approved cases receive asylum approval notice. Denied cases get referral to Immigration Court (if no status) or appealable denial (if you had status).

Can my family members get asylum if I'm approved in NYC?

Yes. A spouse and unmarried children under 21 can obtain derivative asylum if included on the original I-589 or, within two years of approval, through Form I-730 follow-to-join. Parents and siblings do not qualify for derivative asylum but can be sponsored later as a citizen or LPR. Yes. Family members can obtain asylum in two ways: (1) Derivative asylum (included in your application): If you are granted asylum, your spouse and unmarried children under 21 are automatically eligible for derivative asylum status if they were included in your Form I-589 application. They can be in the U.S. or abroad. If in the U.S., they receive asylum status. If abroad, they can apply for asylum derivative visas at a U.S. consulate to join you in NYC. Derivative status holders have the same rights as the principal asylee: work authorization, ability to travel with refugee travel document, green card eligibility after 1 year. (2) Follow-to-join asylum (family members you marry or who turn under 21 after asylum approval): Within 2 years of your asylum approval, you can petition for your spouse or children who weren't included in the original application using Form I-730. They must have been your spouse or child at the time you received asylum. If approved, they can join you in the U.S. with asylum derivative status. This is common for NYC asylees whose family members were in danger abroad and couldn't be included initially. Parents and siblings do NOT qualify for derivative asylum—only spouse and minor children. However, after you get your green card and later U.S. citizenship, you can petition for them through family immigration.