Asylum and Asylum Appeals Lawyer in New York City
Representing asylum seekers in affirmative filings with USCIS, defensive proceedings in the New York Immigration Court, and appeals through the Board of Immigration Appeals and the United States Court of Appeals for the Second Circuit.
Overview
What This Practice Covers — and Who Needs It
Asylum protects individuals present in the United States who have suffered persecution or have a well-founded fear of persecution in their home country on account of race, religion, nationality, membership in a particular social group, or political opinion. It is one of the most important protections in U.S. immigration law — and also one of the most legally and evidentiary demanding to obtain. Asylum cases turn on the applicant’s specific story, the country conditions in the home country, and careful legal analysis of how the facts map to the statutory protected grounds.
Yazdi Law represents asylum seekers across the full procedural landscape — affirmative asylum applications filed with U.S. Citizenship and Immigration Services, defensive asylum filings for individuals in removal proceedings before the New York Immigration Court at 26 Federal Plaza and other immigration courts, appeals to the Board of Immigration Appeals, and petitions for review in the United States Court of Appeals for the Second Circuit. Counsel is available in English, Farsi, and Punjabi. If you are seeking asylum, have received a denial, or are facing removal, call (917) 565-7286 for a free consultation. Initial consultations are confidential.
Legal Foundation
The Legal Framework
Asylum is governed primarily by the Immigration and Nationality Act and implemented across two separate systems — affirmative asylum through U.S. Citizenship and Immigration Services (USCIS) and defensive asylum through the Executive Office for Immigration Review (EOIR), which includes the immigration courts and the Board of Immigration Appeals. The framework has become substantially more rigorous in recent years, with procedural changes in 2025 and 2026 affecting both the filing stage and the appeals process.
Eligibility under INA § 208
Asylum eligibility is defined at Immigration and Nationality Act § 208(b)(1)(A) (8 U.S.C. § 1158(b)(1)(A)). An applicant must establish that they are a refugee within the meaning of INA § 101(a)(42)(A) — a person unable or unwilling to return to their country because of past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The nexus requirement — that persecution is ‘on account of’ a protected ground — is where many asylum cases are won or lost, particularly for applicants whose claims involve membership in a particular social group (the most fact-specific and evolving of the protected grounds).
The one-year filing deadline
Under INA § 208(a)(2)(B), an asylum application must generally be filed within one year of the applicant’s last arrival in the United States. Late filings may still be considered if the applicant demonstrates changed circumstances materially affecting eligibility or extraordinary circumstances excusing the late filing under INA § 208(a)(2)(D). The one-year deadline is one of the most common reasons otherwise-valid asylum cases fail, and identifying the correct arrival date and evaluating the grounds for any exception is critical at the initial consultation.
Withholding of removal and Convention Against Torture
Applicants who do not qualify for asylum (for example, because the one-year deadline has passed without a basis for exception) may still be eligible for withholding of removal under INA § 241(b)(3) or protection under the Convention Against Torture (8 C.F.R. § 208.16). These are separate forms of protection with higher evidentiary burdens than asylum but also more generous procedural protection — no one-year deadline and mandatory rather than discretionary relief once eligibility is established. Most asylum applications are filed alongside withholding and CAT applications on the same Form I-589.
Affirmative versus defensive asylum
Applicants not in removal proceedings apply affirmatively to USCIS, where their case is reviewed by an asylum officer at the Newark Asylum Office (which handles most NYC cases), and decided through a non-adversarial interview. Applicants in removal proceedings apply defensively through the Immigration Court, where their case is adversarial — the government is represented by DHS counsel, and the applicant presents evidence and testimony to an immigration judge in a full trial-like setting. The procedural, evidentiary, and strategic considerations differ substantially between the two tracks.
Recent regulatory changes
The Executive Office for Immigration Review issued an interim final rule on February 6, 2026, attempting to substantially modify Board of Immigration Appeals procedures effective March 9, 2026. A federal court blocked key provisions of that rule on March 8, 2026 — including the attempt to shorten the BIA appeal deadline from 30 days to 10 days and the attempt to implement automatic dismissal absent affirmative review — while allowing other provisions (including a simultaneous 20-day briefing schedule) to take effect. For asylum denials on the merits, the 30-day BIA appeal deadline under 8 C.F.R. § 1003.38 remains in effect. This area of law is in active flux; careful attention to current deadlines is essential.
How It Works
The Process, Step by Step
An asylum case at Yazdi Law proceeds through the stages below. The specific timeline depends heavily on whether the case is affirmative or defensive, the individual immigration court’s docket (for defensive cases), and whether the case proceeds to appeal. Many asylum cases take years from filing to final resolution.
Initial consultation and case evaluation
The first consultation focuses on understanding the applicant’s story, evaluating the statutory basis for asylum (protected ground, nexus, past persecution or well-founded fear), identifying any bars to asylum (one-year deadline, firm resettlement, prior criminal history, certain other statutory bars), and assessing country conditions evidence. Consultations are conducted with professional care — asylum histories often involve trauma, and we create space for the applicant to share information comfortably. All consultations are confidential and free of charge.
Form I-589 preparation
Asylum applications are filed on Form I-589, Application for Asylum and for Withholding of Removal. The form is deceptively complex — its questions require detailed, legally framed responses, and the Board of Immigration Appeals held in Matter of C-A-R-R- (29 I&N Dec. 13, BIA 2025) that I-589s are considered incomplete if they lack a response to each question, are unsigned, or are missing required materials. Under current policy, incomplete or legally insufficient I-589 applications may be pretermitted by an immigration judge without a merits hearing. We prepare the I-589 with the care that statutory asylum standards require — every question answered substantively, supporting declarations carefully drafted, and country conditions evidence compiled and submitted per court practice manual requirements.
Affirmative filing with USCIS
For applicants not in removal proceedings, the Form I-589 is filed with USCIS. The applicant is scheduled for a non-adversarial interview at the Newark Asylum Office (which handles most NYC affirmative cases), typically several months to several years after filing depending on the backlog. Interview preparation is critical — the applicant must be able to narrate their story coherently and consistent with the written application. We appear with clients at interviews where permitted and prepare clients thoroughly for the questioning.
Defensive filing in immigration court
For applicants in removal proceedings, the Form I-589 is filed with the immigration court (the New York Immigration Court at 26 Federal Plaza for most NYC respondents; the Varick Street Immigration Court for detained respondents; other courts depending on venue). The case proceeds through master calendar hearings and ultimately to an individual (merits) hearing, which functions like a trial — direct examination, cross-examination by DHS counsel, country conditions experts, and a full evidentiary record. Merits hearings typically occur months to years after the case is first filed.
Adjudication and outcomes
At the affirmative level, USCIS grants asylum, refers the case to immigration court if not granted, or (in narrow circumstances) denies the application outright. In immigration court, the immigration judge issues a decision granting asylum, granting withholding or CAT protection, or denying relief and ordering removal. A grant of asylum provides the right to remain in the United States, apply for lawful permanent residence one year after the grant, and eventually seek naturalization.
Board of Immigration Appeals
Denials of asylum in immigration court can be appealed to the Board of Immigration Appeals within 30 days of the immigration judge’s decision on Form EOIR-26. The current BIA filing fee is $1,030. The BIA reviews the record and decides whether to affirm, reverse, or remand. The 2026 interim final rule (as modified by the March 8, 2026 federal court injunction) imposes a simultaneous 20-day briefing schedule — a shorter and more demanding timeline than historically applied. Written advocacy at the BIA level is technical and must be done carefully.
Petition for review in the Second Circuit
Denials by the BIA can be challenged by petition for review in the United States Court of Appeals for the Second Circuit (for NYC-area respondents) within 30 days of the BIA decision under INA § 242 (8 U.S.C. § 1252). The Second Circuit has jurisdiction over final orders of removal under the REAL ID Act, § 106(c). The petition for review is the last administrative-to-judicial step — a genuinely appellate review of the administrative record by an Article III court. Rajan Kambo’s admission to the Second Circuit allows Yazdi Law to represent clients at this final stage. Federal appellate practice in immigration cases has its own procedural and substantive rigor, and is distinct from the administrative advocacy at USCIS and EOIR.
What to Watch For
Common Pitfalls and How We Avoid Them
Asylum cases fail for recurring reasons — some legal, some procedural, some involving how the client’s story is presented. The following pitfalls come up regularly.
Missing the one-year filing deadline
The INA § 208(a)(2)(B) one-year deadline is strictly enforced. Applicants who arrived in the United States more than a year ago without filing asylum — even those with strong claims — face dismissal unless they can establish changed circumstances or extraordinary circumstances excusing the late filing. We evaluate the deadline carefully at every consultation and, where the deadline has passed, assess whether an exception applies or whether withholding and CAT remain available.
Thin country conditions evidence
Asylum cases require extensive documentation of the country conditions that give rise to the fear of persecution. U.S. State Department country reports, reports from Human Rights Watch and Amnesty International, academic research, and expert declarations should all be considered. Applicants who present only their own testimony without corroborating country evidence face significant credibility challenges. We compile full country conditions documentation for every case.
Inconsistent testimony across proceedings
Asylum applicants give their story multiple times — in the I-589 declaration, at any credible fear interview, at the asylum interview or individual hearing, and potentially on appeal. Inconsistencies between these tellings are one of the most common reasons asylum is denied for adverse credibility findings. Careful preparation of declarations and interview testimony, with the client, minimizes this risk.
Filing without understanding protected-ground analysis
Asylum requires persecution on account of a protected ground. Many applicants describe real suffering — crime, gang violence, domestic abuse — that does not clearly fit a protected ground without careful legal framing. Particular social group analysis, in particular, has become highly technical. Applications that describe persecution without articulating the legal basis for protected-ground nexus often fail regardless of the credibility of the underlying story.
Waiting too long to appeal
The 30-day BIA appeal deadline is strictly enforced. Applicants who attempt to appeal pro se sometimes miss the deadline or file inadequate notices of appeal that are dismissed. Applicants who attempt to find counsel only in the last few days of the appeal period often cannot secure representation in time. We urge prospective clients to contact the firm immediately after any adverse decision — ideally the same day.
Free Consultation
Seeking asylum or facing removal? Deadlines are strict. Contact us for a confidential evaluation.
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Costs and What's Included
Asylum cases at Yazdi Law are handled on a flat fee structure discussed at the initial consultation and set out in a written retainer agreement before any work begins. The specific fee depends on the case stage and complexity — a straightforward affirmative asylum case is priced differently from a defensive case in removal proceedings, and differently again from a BIA appeal or Second Circuit petition for review.
USCIS and EOIR filing fees are separate from the attorney fee. Form I-589 currently has no USCIS filing fee for the initial affirmative application. Form EOIR-26 (Notice of Appeal to the BIA) currently carries a $1,030 filing fee as of March 2026. Petition for review fees at the Second Circuit are set by the court. Fee waivers may be available for qualifying applicants.
Representation typically includes thorough case evaluation, preparation and filing of Form I-589 with supporting declarations and country conditions evidence, coordination of expert declarations where appropriate (country conditions experts, medical or psychological experts for trauma documentation), interview or hearing preparation including mock interviews and direct examination preparation, representation at interviews or hearings, preparation of appeal briefs, and representation at oral argument where available. Initial consultations are free and confidential.
FAQ
Frequently Asked Questions
I've been in the United States for more than a year. Can I still apply for asylum?
What is the difference between affirmative and defensive asylum?
My asylum case was denied. Can I appeal?
Is my conversation with an asylum attorney confidential?
Schedule a Consultation
If you are seeking asylum, if your asylum case has been denied, or if you are in removal proceedings and need defensive asylum representation, call Yazdi Law at (917) 565-7286 or request a consultation online. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are free and strictly confidential. Representation is available in English, Farsi, and Punjabi. Asylum deadlines — the one-year filing deadline, the 30-day appeal deadline — are strictly enforced, and the earlier an attorney is involved, the more options are available.
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Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. Immigration statutes, USCIS and EOIR procedures, filing fees, and deadlines change frequently and reflect information as of the date of publication. Every case is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.