What is asylum?
Asylum is a protection granted to foreign nationals who are already in the United States or at its border, who meet the international legal definition of a refugee.  The UN Convention of 1951 and Protocol of 1967 defines a refugee as a person who is unable or unwilling to return to their home country, who cannot obtain protection in their home country, due to past persecution or well-founded fear of persecution in the future on the basis of race, religion, nationality, membership in a particular social group, or political opinion.

What you should know

It is important to note that:

1. Asylum requests MUST be done within ONE YEAR of entering the United States.  
2. It is important to have legal representation for asylum cases.  Petitions made through self-representation have 15% chance of winning their petition.  
3. If you are not able to obtain legal representation due to the expense, you may seek assistance from organizations such as:

• Human Rights First
• Make the Road
• New York Legal Services
• Catholic Charities of New York
• African Legal Services

Update: Work Permits and Asylum

Asylum applicants can not apply for work authorization at the same time as they submit their I-589, Application for Asylum and for Withholding of Removal. Applicants may apply for Work Authorization after 150 days have passed with no resolution to their case. The delay to the case must not be caused by the applicant i.e. applicant rescheduling interviews, etc. However, as of January 29, 2018, the USCIS has adopted a First in First Out practices in scheduling asylum interviews. This means that the most recent asylum applications will be heard first while, applicants that have filed prior will be scheduled last. This practice aims to deter frivolous asylum applications for the sole purpose of obtaining employment authorization.

Immigrant children placed
in the NYC foster care system. 

President Trump’s “Zero Tolerance” immigration policy has caused the separation of children from their parents, placing them in separate detention centers and foster care placements across the country. After further deliberation and public controversy regarding the separation of children from their parents, as well as the treatment children received in these facilities ensued, the President discontinued their practice of separation. However, despite the reversal thousands of children are separated from their parents and remain in detention or foster care such as in the case of migrant children placed in NYC. 

While concrete numbers of the children placed in NYC vary, there are reportedly at least 200 children in New York City separation sites. This may leave parents unaware of how to access information about their children and delay reconnection. If your child has been placed in a NYC foster care system, these are the rights of parents who's children have been separated from them.
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Communicate with ACS staff in your preferred language.

• You may request a free interpreter when communicating with ACS on the phone or in person
• You may ask the documents from ACS be translated into your language.

• You may request a free interpreter when communicating with ACS on the phone or in person
• You may ask the documents from ACS be translated into your language.

Receive child welfare services regardless of your immigration status.

• Every New York City resident has the right to receive ACS services, including preventative, foster care, and child care services.

Have any immigration status information that you share with ACS and provider agencies remain confidential, with very few exceptions.

• ACS and provider agencies are only allowed to ask about your immigration status for the purpose of determining if you may qualify for certain specific programs, services, or benefits. With your permission, ACS may also ask your immigration status for the purpose of connecting you with other services such as immigration legal help.

Questions to ask if a loved one calls you from detention or police custody:

• Make sure to record the answers carefully and in as much detail as possible.
• Do you need medical attention?
• What law enforcement agency arrested or detained you?
• Where are you?
• What is the largest city or town near you?
• What papers have you been given and what do the papers say?
• Do you have any court date or hearing scheduled?
• Have you spoken with your attorney/ accredited 

If you would like more information about your rights as a parent of a child placed in the NYC foster care system visit https://www1.nyc.gov/site/acs/about/immigrant-services.page