Asylum Lawyer in New York
An asylum lawyer in New York helps people who fear persecution in their home country seek protection in the United States. At Zavala Law Firm, PLLC, attorney Desiree Borges-Tosado represents clients before the Asylum Office, the Immigration Court and the Board of Immigration Appeals. She works alongside founding attorney Eliud Zavala, who has more than a decade of immigration experience. We serve clients across New York City and New Jersey, in English and Spanish. Asylum cases turn on evidence, deadlines and credibility. This path is not right for everyone, so we review your story and your options with you first.What Is Asylum in New York?
Asylum is protection for people who were persecuted, or fear persecution, in their home country. The harm must be tied to race, religion, nationality, political opinion or membership in a particular social group. These rules come from federal law under 8 U.S.C. § 1158. You must usually apply within one year of arriving in the United States. Some exceptions apply for changed or extraordinary circumstances. A grant of asylum lets you live and work here, petition for close family and later apply for a green card.The Asylum Process: Affirmative and Defensive Cases
There are two ways to apply, depending on whether you are in removal proceedings.| Step | Affirmative asylum (not in court) | Defensive asylum (in court) |
|---|---|---|
| 1. Application | File Form I-589 with USCIS | File Form I-589 with the Immigration Court |
| 2. Biometrics | Fingerprints and photo at a USCIS center | Fingerprints and photo for background checks |
| 3. Hearing | Interview with an asylum officer at the New York Asylum Office | Individual hearing before an immigration judge |
| 4. Decision | Grant, or referral to Immigration Court | Grant, denial or other relief |
| 5. Appeal | Case continues in court if referred | Appeal to the Board of Immigration Appeals |
Asylum vs. Other Forms of Protection
If asylum is barred, other protection may still be available. The most common options are:- Withholding of removal: a higher standard of proof, but no one-year deadline, under 8 U.S.C. § 1231(b)(3).
- Convention Against Torture: protection for people likely to be tortured if returned.
- Temporary Protected Status (TPS): for nationals of designated countries. Información sobre TPS en español.
- Humanitarian parole: temporary permission to enter or stay for urgent reasons.
- Family or employment petitions: a separate path to a green card if one is available.
Asylum Evidence and Your Asylum Work Permit
Your own written statement is the heart of the case. It should be detailed, consistent and supported where possible. Helpful evidence can include police or medical records, letters from witnesses and country condition reports. Asylum applicants can request a work permit after the case has been pending for a set waiting period, generally 150 days. Delays you cause can pause that clock. We help you build a consistent record from the first filing, because mismatches between documents and testimony can hurt credibility.Asylum Lawyer Serving New York City and New Jersey
Affirmative cases for New York residents are usually interviewed at the New York Asylum Office in Bethpage, on Long Island. Court cases in the city are heard at the New York immigration courts in Lower Manhattan. Our Lower Manhattan office is at 325 Broadway, near those courts. We help clients from Manhattan, Brooklyn, Queens, the Bronx, Staten Island and Northern New Jersey. Once you have asylum, we can help with family petitions and, later, citizenship. Read about other legal options to stay in the U.S.Frequently Asked Questions
Can I apply for asylum if I have been in the U.S. for more than one year?
Sometimes. The one-year deadline has exceptions for changed circumstances or extraordinary circumstances, such as serious illness. Even if asylum is barred, withholding of removal or torture protection may still be possible.
Do I need an asylum lawyer near me in New York for my interview?
It is strongly recommended. An attorney can prepare you for the asylum officer’s questions and attend the interview with you. Small inconsistencies can hurt your credibility, and preparation helps prevent them.
Can my children be included in my asylum application?
Yes, in many cases. A spouse and unmarried children under 21 who are in the U.S. can usually be included as derivatives. Each person still needs identity documents and proof of the family relationship.