How To Navigate the Asylum Process In NYC?
How To Navigate the Asylum Process In NYC?
If you’re located in New York and are seeking asylum in the United States, it’s important to know how to navigate the asylum process in NYC before you start making moves. With this information, you can better understand your legal options when it comes to living in the United States.
In addition to feeling confident that you’re doing everything properly, you can be more prepared to tackle common challenges that may arise during the process. Working with a New York immigration lawyer can also be helpful when it comes to filing for asylum.
What Does it Mean to Seek Asylum in New York City?
Every year, people travel to the United States from all across the globe in order to escape persecution for their:
- Nationality
- Political opinion
- Race
- Religion
- Status in a particular social group
As of March 2025, New York City reported about 42,700 people seeking asylum. The city funds around 180 sites and nine Humanitarian Response and Relief Centers (HERRCs), like The Roosevelt Hotel at 45 E 45th St, Manhattan, to help keep up with the ever-growing demand.
You must be able to demonstrate a clear and convincing case for why you can’t return to your home country due to persecution based on one of the traits listed above. You must be able to prove that the persecution is being or would be committed by the government or people that the government can’t control.
How to File for Asylum in New York City
In order to apply for asylum, you must file an Application for Asylum and for Withholding of Removal (Form I-589) with the United States Citizenship and Immigration Services (USCIS). Under the Immigration and Nationality Act (INA), you must do this within one year of arriving in the United States.
You can only file an application for asylum if you’re physically in the country. Filing online is only available to some applicants for affirmative asylum. You are not allowed to file for asylum online if you:
- Already have an application with the USCIS
- Are actively in proceedings with the immigration court or the Board of Immigration Appeals
- Are an unaccompanied alien minor in removal proceedings
- Are a part of the group of applicants that must file by mail with the Asylum Vetting Center due to conditions met in the “Special Instructions” section of the I-589 form.
You don’t have to pay a fee to apply for asylum. In most cases, you can include your spouse and children as long as they’re also physically present in the United States.
Types of Asylum Applications in New York City
When you file for asylum and withholding of removal in New York City, you can typically file for one of two types: affirmative asylum and defensive asylum. Here’s a bit more about each:
- Affirmative asylum. You can file for affirmative asylum if you don’t currently have a case open with the Board of Immigration Appeals (BIA) at the Executive Office for Immigration Review (EOIR). It essentially means you’ve been in the United States for less than one year, you haven’t violated any immigration laws, and you’re seeking a legal avenue to remain in the country.
- Defensive asylum. You must file for defensive asylum if you’re already in proceedings in front of the BIA or a judge. You can also file for defensive asylum if your affirmative asylum application was denied. This type of asylum is filed as a defense against removing the person from the country.
The USCIS oversees affirmative asylum cases while immigration courts handle defensive asylum cases. Regardless of your situation, it’s recommended to seek legal representation from an NYC immigration attorney.
FAQs
Q: How Long Does It Take to Get Asylum in New York City?
A: It’s difficult to estimate exactly how long it may take to go through the asylum process in New York City. Backlogs and other factors can determine if your case may be delayed. Whether it is handled by the USCIS or immigration court can also impact how long it takes to go through the process. USCIS typically deals with affirmative asylum, while immigration courts may take on defensive asylum cases.
Q: What Are the Steps in the Asylum Process?
A: The processes for seeking affirmative asylum versus defensive asylum are different. For affirmative asylum, you must fill out an application with the USCIS, provide biometric information, and complete an interview. If you’re not accepted, your case may be referred to immigration court.
Defensive asylum is for people who were denied by the USCIS or who are already facing deportation. A judge in an immigration court oversees these cases and determines whether a person is eligible to stay.
Q: How Can I Speed Up the Asylum Process in New York City?
A: It’s difficult for anyone to have control over the asylum process in New York City. The time it takes to move through a case is dependent on the details of the situation and the current caseload of the USCIS or immigration courts. Still, it’s wise to stay organized and be ready with all the documents and information you need, so you can at least move through your parts of the process as quickly as possible.
Q: What Is the Approval Rate for Asylum in New York City?
A: Data shows that the New York Asylum Office, located in remote Bethpage, has the lowest approval rate of any other asylum office in the country. In recent years, it was as low as 7.4 percent, which was not even half the approval rate of the second-worst office in Boston.
Reach Out to a New York City Immigration Lawyer to Learn More About Your Rights
If you’re preparing to navigate an asylum case in New York City, it can be helpful to work with an immigration lawyer who has experience working on cases like yours. Our attorneys at PPID have been handling immigration cases in NYC for over six decades, and we’re prepared to help you with yours. Contact our office to learn more about our services and to set up an appointment today.
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