Protecting individuals fleeing persecution is among the most important work in immigration law. Our attorneys provide experienced, compassionate representation for asylum seekers, refugees, and those seeking humanitarian protection in the Albany and Capital District area — guiding clients through every stage of the process with care, thoroughness, and unwavering advocacy.
The United States has long served as a place of refuge for individuals fleeing persecution abroad. Under the Immigration and Nationality Act, asylum and refugee protection are available to individuals who have been persecuted — or who have a well-founded fear of future persecution — on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. At Mandi Law Group in Albany, our immigration attorneys represent asylum seekers and refugees throughout the Capital District and greater New York, providing the thorough preparation and compassionate advocacy that these cases demand.
The asylum process involves two distinct paths. Affirmative asylum allows individuals who are physically present in the United States — and who are not in removal proceedings — to file an application (Form I-589) with USCIS and attend a non-adversarial interview before an Asylum Officer. Defensive asylum arises when an individual in removal proceedings raises asylum as a defense against deportation before an Immigration Judge in a formal courtroom setting. Both paths require meticulous preparation, credible testimony, and comprehensive supporting evidence.
For individuals outside the United States, the refugee resettlement process provides a separate pathway to protection. Refugees are typically referred by the United Nations High Commissioner for Refugees (UNHCR) or a U.S. embassy, undergo extensive vetting and background checks, and are approved for resettlement before traveling to the United States. Upon arrival, refugees are authorized to work and may apply for permanent residence after one year. Our attorneys assist with the coordination of overseas processing and the transition to life in the Capital District community.
In addition to asylum and refugee status, our practice covers related forms of humanitarian protection — including withholding of removal and protection under the Convention Against Torture (CAT). These alternative forms of relief serve as critical safety nets for individuals who may not qualify for asylum due to filing deadlines or other bars but who nonetheless face serious harm if returned to their home countries. Our attorneys evaluate every available avenue of protection and pursue the strongest possible case for each client.
The one-year filing deadline for asylum is strictly enforced. If you have recently arrived in the United States and fear returning to your home country, acting quickly is critical — missing this deadline can forfeit your eligibility for asylum entirely. Contact our office immediately for a confidential assessment of your case.
(518) 698-0347Our asylum and refugee practice covers every form of humanitarian protection available under U.S. immigration law. Each case is handled with the thoroughness, sensitivity, and dedication it deserves.
Asylum is a form of protection available to individuals who are already in the United States or arriving at a port of entry and who have suffered persecution or have a well-founded fear of future persecution on account of one of five protected grounds. Affirmative asylum applications are filed with USCIS and adjudicated by an Asylum Officer, while defensive asylum claims are raised as a defense against removal in immigration court before an Immigration Judge. Applicants must generally file within one year of their last arrival in the United States, though exceptions exist for changed circumstances or extraordinary circumstances that prevented timely filing. Our attorneys prepare thorough, detailed declarations that convey the applicant's story compellingly, compile country conditions evidence from authoritative sources, gather corroborating documentation such as medical records and identity documents, and prepare clients for the asylum interview or court hearing.
Refugee status is available to individuals who are outside the United States and who meet the definition of a refugee under the Immigration and Nationality Act — meaning they have been persecuted or have a well-founded fear of persecution on account of a protected ground. The refugee process typically begins with a referral from the United Nations High Commissioner for Refugees (UNHCR), a U.S. embassy, or a designated non-governmental organization. Applicants undergo extensive background checks, medical examinations, and interviews before being approved for resettlement. Upon arrival in the United States, refugees receive employment authorization and are eligible to apply for permanent residence after one year. Our attorneys assist with overseas processing coordination, UNHCR referral support, cultural orientation guidance, and employment authorization filings to ensure a smooth transition to life in the Albany and Capital District area.
Withholding of removal under Section 241(b)(3) of the Immigration and Nationality Act provides an alternative form of protection for individuals who can demonstrate a clear probability — meaning it is more likely than not — that they would be persecuted on account of a protected ground if returned to their home country. This standard is higher than the well-founded fear standard for asylum. However, withholding of removal has significant advantages in certain situations: there is no one-year filing deadline, and some of the bars that apply to asylum (such as the firm resettlement bar) do not apply. The trade-off is that withholding of removal provides more limited benefits — it does not lead to permanent residence, does not permit travel abroad, and does not allow the applicant to petition for family members. Our attorneys evaluate whether withholding of removal is the appropriate strategy, particularly when asylum may be barred.
Protection under the Convention Against Torture is available to individuals who can demonstrate that it is more likely than not that they would be tortured by, or with the acquiescence of, a government official if returned to their home country. Unlike asylum and withholding of removal, CAT protection does not require that the torture be connected to a protected ground — the applicant need only show the likelihood of torture itself. CAT protection comes in two forms: withholding of removal under CAT, which cannot be terminated as long as the threat of torture persists, and deferral of removal under CAT, which is available even to individuals subject to mandatory denial of withholding due to particularly serious crimes or persecution of others. Deferral of removal can be terminated more easily if country conditions change. Our attorneys assess the specific risks facing each client, gather evidence of government involvement or acquiescence in torture, and present compelling cases before the immigration court.
Our asylum and refugee law practice provides comprehensive protection services for individuals and families facing persecution, covering every aspect of humanitarian immigration relief.
Protecting Those Who Need It Most
Compassionate advocacy for asylum seekers and refugees in Albany and the Capital District
Asylum and refugee cases involve strict deadlines, demanding evidentiary requirements, and high stakes. Understanding these critical factors from the outset strengthens your case and protects your eligibility.
Asylum applicants must generally file Form I-589 within one year of their last arrival in the United States. Missing this deadline can forfeit eligibility for asylum entirely, though exceptions exist for changed circumstances — such as a change in conditions in your home country or a change in your personal circumstances — and extraordinary circumstances that prevented timely filing, such as serious illness or the ineffective assistance of a prior attorney. Documenting the timing of your arrival and any basis for an exception is critical, and our attorneys evaluate the deadline issue at the very outset of every case.
Asylum cases are won or lost on the strength of the evidence. Country conditions reports from the State Department, UNHCR, Amnesty International, and Human Rights Watch establish the context of persecution in your home country. Expert testimony from country conditions specialists, medical professionals, and psychologists can corroborate your account. Medical and psychological evaluations document physical injuries and the effects of trauma. Corroborating witnesses — family members, friends, or others with knowledge of your situation — strengthen credibility. Our attorneys compile a comprehensive evidentiary record for every case we handle.
To qualify for asylum, you must demonstrate that you were persecuted or fear persecution on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The nexus between the persecution and the protected ground is a critical legal element. Particular social group claims — which can include groups defined by gender, family membership, sexual orientation, gang resistance, or other characteristics — require careful legal analysis to ensure the group meets the legal standard of immutability, particularity, and social distinction.
Asylum applicants may apply for an Employment Authorization Document (EAD) if their application has been pending for 180 days without a decision caused by the applicant. Once asylum is granted, asylees receive immediate work authorization and are eligible for certain federal benefits, including Refugee Cash Assistance and Refugee Medical Assistance. Asylees may also apply for permanent residence one year after the grant of asylum. However, travel restrictions apply during the application process — leaving the United States without advance parole can be deemed an abandonment of the application. Our attorneys advise on the timeline for work authorization, benefits eligibility, and travel limitations.
U.S. immigration law provides several forms of protection for individuals facing persecution or torture. Each form has distinct eligibility requirements, standards of proof, and benefits.
From your first confidential consultation to the moment you secure protection and begin building a new life, our attorneys follow a structured process designed to give your case the strongest possible foundation.
We begin with a confidential, in-depth consultation to understand your story in your own words, assess the nature of the persecution you have experienced or fear, identify the protected grounds that apply to your situation, and evaluate the strength of your claim for asylum, withholding of removal, or CAT protection.
Our attorneys gather comprehensive country conditions evidence from the State Department, UNHCR, human rights organizations, and other authoritative sources. We prepare a detailed, persuasive declaration that presents your story clearly and consistently, and compile all available corroborating documents including medical records, photographs, identity documents, and witness statements.
We file your asylum application (Form I-589) or assert your claim in immigration court, prepare you thoroughly for the asylum interview before an Asylum Officer or testimony before an Immigration Judge, anticipate and address potential challenges to your credibility, and present expert testimony and country conditions evidence to support your case.
Upon securing protection, we assist with obtaining employment authorization, applying for permanent residence (for asylees, one year after the grant of asylum), petitioning for eligible family members to join you in the United States, and planning the long-term path to citizenship and stability in the Albany and Capital District community.
Answers to some of the most frequently asked questions about asylum, refugee status, and humanitarian protection. Every situation is unique — consult with our attorneys for guidance specific to your case.
Persecution is generally understood as serious harm or suffering inflicted on account of a protected ground. It can include physical violence, torture, imprisonment, severe economic deprivation, forced labor, sexual assault, threats of serious harm, and other forms of severe mistreatment. Not every form of hardship or discrimination rises to the level of persecution — the harm must be sufficiently serious and connected to a protected ground. Cumulative incidents of lesser harm can sometimes constitute persecution when considered together. Our attorneys evaluate your specific experiences against the legal standards applied by Asylum Officers and Immigration Judges in the Albany and Capital District area and across New York.
Under U.S. law, you must file your asylum application (Form I-589) within one year of your last arrival in the United States. If you miss this deadline, you may still be eligible if you can demonstrate changed circumstances that materially affect your eligibility — such as new persecution in your home country, a change in regime, or a change in your personal circumstances like coming out as LGBTQ+ — or extraordinary circumstances that prevented timely filing, such as serious illness, mental or physical disability, legal disability (being a minor), or the ineffective assistance of a prior attorney. You must also show that you filed within a reasonable period after the changed or extraordinary circumstances. Even if the one-year deadline bars asylum, you may still be eligible for withholding of removal or CAT protection, which have no filing deadline.
Affirmative asylum is the process by which an individual who is present in the United States — and who is not in removal proceedings — voluntarily files an asylum application with USCIS. The case is heard by an Asylum Officer in a non-adversarial interview setting. If the Asylum Officer does not grant asylum, the case is referred to immigration court. Defensive asylum is the process by which an individual who is in removal proceedings before an Immigration Judge raises asylum as a defense against deportation. Defensive cases are adversarial — the government is represented by a trial attorney from ICE, and the applicant presents testimony and evidence in a courtroom setting. Our attorneys handle both affirmative and defensive asylum cases and prepare clients for the specific procedural demands of each.
You may apply for an Employment Authorization Document (EAD) if your asylum application has been pending for 180 days and the delay is not caused by you (for example, by requesting continuances). The 180-day clock begins when a complete asylum application is filed. Processing times for the EAD application itself vary, so the total wait before receiving work authorization may be longer. Once your EAD is approved, you may work for any employer in the United States. If asylum is granted, you receive employment authorization immediately and no longer need a separate EAD. Our attorneys track the 180-day clock, file the EAD application promptly, and advise on expedite options when urgent financial need exists.
In an affirmative asylum case, you will be scheduled for an interview with a USCIS Asylum Officer at a designated asylum office. The interview is non-adversarial — there is no government attorney cross-examining you — but the Asylum Officer will ask detailed questions about your claim, your experiences, your fear of return, and any inconsistencies in your application. You may bring your attorney, and an interpreter will be provided if needed. The Asylum Officer may also ask about your identity, immigration history, and any potential bars to asylum. Thorough preparation is essential: our attorneys conduct multiple practice interviews, review your declaration line by line, and prepare you for the types of questions that are typically asked, so that your testimony is clear, consistent, and compelling.
Entering the United States without inspection (i.e., without going through an official port of entry) does not disqualify you from applying for asylum. Under the Immigration and Nationality Act, any person who is physically present in the United States — regardless of how they entered — may apply for asylum. This is one of the key distinctions between asylum and many other immigration benefits that require lawful entry or lawful status. However, if you entered without inspection and are placed in removal proceedings, your asylum claim will be heard defensively in immigration court rather than affirmatively before an Asylum Officer. Our attorneys represent clients who entered the United States in all manners, including those who crossed the border without inspection, those who overstayed visas, and those who arrived at ports of entry.
Yes. Your spouse and unmarried children under the age of 21 at the time of filing may be included as derivative beneficiaries on your asylum application. If they are in the United States, they can be listed on your Form I-589. If they are abroad, you may file Form I-730 (Refugee/Asylee Relative Petition) after your asylum is granted to bring them to the United States. Derivative family members receive the same status as the principal applicant — if you are granted asylum, your derivatives are also granted asylum. It is important to include eligible family members at the time of filing or petition for them promptly after a grant, as delays can complicate the process. Our attorneys ensure that all eligible family members are accounted for in the application strategy from the outset.
Both asylum and withholding of removal protect individuals from being returned to a country where they face persecution, but they differ in significant ways. Asylum requires a well-founded fear of persecution (approximately a 10% chance), while withholding of removal requires a clear probability (more likely than not, or greater than 50%). Asylum has a one-year filing deadline; withholding does not. Asylum leads to permanent residence and eventually citizenship; withholding does not lead to a green card, does not permit international travel, and does not allow you to petition for family members. Asylum is a discretionary grant — an Immigration Judge can deny it even if eligibility is established — while withholding is mandatory if the standard is met. Because of these differences, our attorneys evaluate both forms of relief in every case and pursue the strongest possible strategy for protection.
Our immigration practice covers the full spectrum of matters before USCIS, immigration courts, and consulates.
Our attorneys provide comprehensive legal services across multiple practice areas.
Helping families stay together through marriage-based green cards, fiance visas, family reunification petitions, and relative sponsorship applications.
Strategic visa solutions for employers and professionals, including H-1B specialty workers, L-1 transfers, EB-5 investors, and PERM labor certification.
Guiding lawful permanent residents through the naturalization process, from application preparation and test readiness to interview coaching and document review.
Aggressive defense for individuals facing removal proceedings, including asylum claims, cancellation of removal, and appeals before immigration courts.
Compassionate representation for individuals seeking protection from persecution, including asylum applications, refugee processing, and CAT protection claims.
Comprehensive immigration compliance solutions for businesses, including I-9 audits, global mobility programs, and immigration policy development.
Experienced advocacy for individuals seeking waivers of inadmissibility, including I-601 hardship waivers, I-601A provisional waivers, and fraud waivers.
Dedicated legal support for crime victims seeking U-visa immigration relief, including certification assistance, application filing, and family derivative petitions.
Skilled appellate representation before the BIA and federal courts, including motions to reopen, motions to reconsider, and appeals of adverse immigration decisions.
Whether you are seeking asylum, navigating the refugee resettlement process, or exploring withholding of removal or Convention Against Torture protection, our experienced immigration attorneys are here to guide you through every step. Every consultation is confidential and without obligation.