If you have fled persecution in your home country and are seeking protection in the United States, our attorneys help you navigate the asylum application process from start to finish. We prepare compelling cases that document the harm you have suffered and secure the protection you deserve.
Asylum is a form of protection that allows individuals who have been persecuted or who have a well-founded fear of persecution in their home country to remain in the United States. An affirmative asylum application is filed with the USCIS Asylum Office when the applicant is not in removal proceedings. The process involves completing Form I-589, Application for Asylum and for Withholding of Removal, submitting supporting evidence, and attending a non-adversarial interview with a trained asylum officer. At Mandi Law Group, our attorneys in Albany and the Capital District guide clients through every step of this process.
To qualify for asylum, you must demonstrate that you have been persecuted or 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. The persecution must be carried out by the government of your home country or by individuals or groups that the government is unable or unwilling to control. Our attorneys carefully analyze your circumstances to identify the strongest legal basis for your claim and build a compelling evidentiary record.
One of the most critical aspects of the asylum process is the one-year filing deadline. Under U.S. immigration law, you must file your asylum application within one year of your last arrival in the United States. There are narrow exceptions for extraordinary circumstances and changed conditions, but missing this deadline without a valid exception can permanently bar you from asylum eligibility. The asylum interview itself is conducted by a USCIS asylum officer who evaluates your credibility, the consistency of your testimony, and the strength of your evidence. Thorough preparation is essential.
Once asylum is granted, you receive immediate work authorization, and after one year in asylum status, you become eligible to apply for lawful permanent residence (a green card). Your spouse and unmarried children under 21 who are included in your application receive the same benefits. Our attorneys also assist with post-approval matters, including employment authorization, adjustment of status, and obtaining a refugee travel document that allows you to travel internationally without jeopardizing your protected status.
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, it is critical to seek legal counsel immediately. Exceptions to the deadline exist for extraordinary and changed circumstances, but they are narrowly construed. Do not delay.
(518) 698-0347Our asylum practice covers every stage of the affirmative asylum process, from initial eligibility assessment through post-approval benefits. Each matter is handled by attorneys with specific experience in asylum and refugee law.
The Form I-589, Application for Asylum and for Withholding of Removal, is the foundation of every asylum case. Our attorneys draft detailed personal declarations that clearly articulate the persecution you suffered or fear, establish the nexus between the harm and one of the five protected grounds (race, religion, nationality, political opinion, or membership in a particular social group), and compile comprehensive corroborating evidence. We work with you to document every relevant detail — dates, locations, perpetrators, and the impact of the persecution on your life. We also gather country conditions reports, expert declarations, medical and psychological evaluations, and other supporting evidence to build the strongest possible case for your protection.
Under U.S. immigration law, an asylum applicant must generally file Form I-589 within one year of their last arrival in the United States. Failure to meet this deadline can result in a complete bar to asylum eligibility. However, the law recognizes two narrow exceptions: extraordinary circumstances that prevented timely filing (such as serious illness, legal disability, or ineffective assistance of prior counsel) and changed circumstances that materially affect eligibility (such as changed conditions in the home country or changes in the applicant’s personal circumstances). Our attorneys in Albany carefully analyze your timeline, identify applicable exceptions, document tolling provisions, and present compelling arguments to preserve your right to seek asylum protection even when the one-year deadline has passed.
The affirmative asylum interview at the USCIS Asylum Office is one of the most critical steps in the process. An asylum officer will ask detailed questions about your claim, your personal history, the persecution you experienced or fear, and the conditions in your home country. Our attorneys prepare you thoroughly for this interview — we conduct mock interviews, review every detail of your declaration, explain the types of questions you will face, advise you on how to present your testimony clearly and consistently, and coordinate interpreter services when needed. We attend the interview with you to provide legal support, make objections when appropriate, and ensure your rights are protected throughout the proceeding.
After your asylum application is approved, several important steps follow. You become eligible to apply for an Employment Authorization Document (EAD) after your case has been pending for 180 days (or immediately upon approval). One year after being granted asylum, you are eligible to apply for lawful permanent resident status (a green card) by filing Form I-485. Your spouse and unmarried children under 21 who were included in your application also receive derivative asylum status and the same path to permanent residence. Additionally, you may apply for a Refugee Travel Document that allows you to travel internationally without jeopardizing your asylum status — though travel to your home country may raise concerns about the validity of your fear of persecution. Our attorneys guide you through each of these post-approval milestones.
Understanding the affirmative asylum process helps you prepare and participate effectively. Here is what to expect at each stage.
We begin with a thorough consultation to understand your personal history, the persecution you experienced or fear, the conditions in your home country, and your timeline for filing. We evaluate your eligibility for asylum and identify the strongest legal basis for your claim, including the applicable protected ground and any one-year deadline issues.
Our attorneys draft a comprehensive personal declaration, compile corroborating evidence including country conditions reports and expert declarations, complete Form I-589 with precision, and assemble a well-organized application package. Every detail is reviewed to ensure accuracy, consistency, and maximum persuasive impact.
We file your completed Form I-589 with the appropriate USCIS Asylum Office (the Newark Asylum Office handles cases from the Albany and Capital District area), ensuring that all filing requirements are met and that the application is submitted within the one-year deadline or with a well-documented exception. We track receipt and scheduling notices on your behalf.
We prepare you thoroughly for the asylum interview through mock sessions and detailed review of your case, then attend the interview with you to provide legal representation. After the interview, we follow up on the decision and, if necessary, address any requests for additional evidence or respond to a referral to immigration court.
The asylum process involves critical deadlines and strategic decisions. Understanding these considerations before and during the process helps protect your eligibility and strengthen your case.
You must file your asylum application within one year of your last arrival in the United States. Missing this deadline can permanently bar you from asylum eligibility, with only narrow exceptions for extraordinary or changed circumstances. Contact an attorney as soon as possible after arriving to preserve your rights.
Your personal declaration is the single most important document in your asylum application. It must clearly and thoroughly describe the persecution you suffered or fear, identify who harmed you or who you fear, explain the connection to a protected ground, and convey why you cannot safely return. Vague or inconsistent declarations can undermine an otherwise meritorious case.
Documentary evidence about conditions in your home country — including human rights reports from the U.S. State Department, reports from organizations such as Amnesty International and Human Rights Watch, news articles, and expert declarations — corroborates your testimony and demonstrates the objective basis for your fear of persecution. Strong country conditions evidence can be the difference between approval and denial.
Your spouse and unmarried children under 21 who are in the United States may be included as derivative applicants on your asylum application. If your application is approved, they receive the same asylum status and the same path to permanent residence. It is important to include all eligible family members at the time of filing to preserve their derivative benefits.
Answers to some of the most frequently asked questions about asylum applications in New York. Every situation is unique — consult with our attorneys for guidance specific to your case.
Affirmative asylum is the process of applying for asylum protection with the USCIS Asylum Office when you are not currently in removal (deportation) proceedings. You file Form I-589, attend a non-adversarial interview with an asylum officer, and receive a decision. If the officer does not grant asylum and you do not have valid immigration status, your case may be referred to immigration court for a hearing before an immigration judge. This is distinct from defensive asylum, which is raised as a defense against removal in immigration court.
To qualify for asylum, you must demonstrate that you have been persecuted or have a well-founded fear of persecution on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. A particular social group is defined as a group of people who share a common immutable characteristic that they cannot change or should not be required to change. The persecution must be committed by the government or by individuals or groups that the government is unable or unwilling to control.
Under INA Section 208(a)(2)(B), you must file your asylum application 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 extraordinary circumstances that caused the delay (such as serious illness, mental or physical disability, or ineffective assistance of prior counsel) or changed circumstances that materially affect your eligibility for asylum (such as changed conditions in your home country). The burden is on you to prove an exception applies.
At an affirmative asylum interview, a trained USCIS asylum officer asks you questions about your identity, your application, the persecution you experienced or fear, and the conditions in your home country. The interview is non-adversarial — there is no opposing attorney. You may have your attorney present, and an interpreter will be provided if needed. The officer evaluates your credibility, the consistency of your testimony with your written declaration, and the strength of your evidence. Interviews typically last between one and three hours.
You may apply for an Employment Authorization Document (EAD) if your asylum application has been pending for 180 days (excluding any delays caused by the applicant). Once approved, the EAD allows you to work legally in the United States while your case is adjudicated. If your asylum application is granted, you receive employment authorization immediately and can apply for an unrestricted Social Security card.
Your application should include a detailed personal declaration describing the persecution you experienced or fear, identity documents (passport, national ID), any evidence of persecution (police reports, medical records, photographs of injuries, threatening communications), country conditions reports from the U.S. State Department and reputable human rights organizations, news articles about conditions in your country, expert declarations from country conditions experts or medical professionals, affidavits from witnesses, and any other documents that corroborate your claim.
Yes. Your spouse and unmarried children under 21 who are present in the United States may be included as derivative applicants on your Form I-589. If your application is granted, they receive the same asylum status and the same path to lawful permanent residence. If a family member is not in the United States at the time of your approval, you may file a separate petition (Form I-730) to bring them to the United States within two years of your asylum approval.
If the asylum officer does not grant your application and you do not have valid immigration status, your case will be referred to immigration court. In court, you will have the opportunity to present your asylum claim again before an immigration judge in a full hearing with testimony, evidence, and legal arguments. You may also raise additional forms of relief, such as withholding of removal under INA Section 241(b)(3) or protection under the Convention Against Torture (CAT). An immigration judge’s denial can be appealed to the Board of Immigration Appeals (BIA).
Our asylum and refugee practice covers the full spectrum of protection-based immigration matters.
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 have recently arrived in the United States and need to file within the one-year deadline, or you have been here longer and need to demonstrate an exception, our experienced asylum attorneys in Albany and the Capital District are here to evaluate your claim and fight for your protection. Every consultation is confidential and without obligation.