KNUTSON LAW, PLLC
Asylum Attorney in New York — Affirmative and Defensive Asylum Representation
Experienced asylum representation for individuals and families seeking protection in the United States — at USCIS, in immigration court, and on appeal. Russian-speaking attorney. Nationwide.
⚠️ July 2026 Policy Change: USCIS may now refer asylum applications to immigration court without an interview. If you have a pending affirmative asylum case, contact us immediately to assess the impact on your case.
What Is Asylum and Who Can Apply?
Asylum offers protection to those who have faced persecution or fear future persecution. It allows individuals to stay in the United States and work towards becoming a lawful permanent resident. Whether you're already here or arriving at a port of entry, you may be eligible, no matter how you entered.
To qualify, you'll need to show that you're facing persecution or have a strong fear of it based on one of five protected grounds, especially if it's carried out by your government or by groups your government can't control.
Critical deadline: You must file your asylum application (Form I-589) within one year of your last entry into the United States. Missing this deadline is the single most common reason for asylum denial. Do not wait.
The Five Protected Grounds for Asylum
Race
Persecution based on racial identity or ethnicity.
Political opinion
Persecution because of real or assumed political beliefs—such as anti-government views, opposition actions, or choosing not to support a government-backed group.
Religion
Persecution based on religious beliefs or practices — or for choosing not to follow state-imposed religious rules.
Particular social group
Persecution targets specific groups who share common traits, such as survivors of domestic violence, LGBTQ+ community members, persecuted family members, and others.
Nationality
Persecution based on national origin or citizenship.
The strength of an asylum case depends not only on the facts — but on how those facts are framed within the legal framework. An experienced attorney identifies the strongest legal theory for your specific situation and builds the case around it.
Affirmative vs. Defensive Asylum — What Is the Difference?
There are two paths to asylum in the United States, and the path you are on determines the process, the timeline, and what is at stake if you are denied.
What Happens If Asylum Is Denied?
A denial of asylum does not mean you must leave immediately — and it does not mean all protection is lost. There are meaningful options after a denial, depending on the stage and circumstances of your case. Below are examples of such options.
Withholding of Removal
If you’re unable to meet the asylum standard or if the one-year deadline has passed, there’s still a possibility you might qualify for withholding of removal. This means you'll need to show a significant chance of facing persecution on a protected ground if you are sent back to your home country. While withholding can prevent deportation to that country, please remember it doesn’t lead to a green card or benefits for your family members. Note that it is recommended to file for Withholding of Removal along with your asylum application.
Appeal to the Board of Immigration Appeals (BIA)
If an immigration judge denies your case, you have 30 days to appeal to the BIA. This deadline is absolute — missing it by one day closes this avenue permanently. The BIA reviews legal errors in the judge's decision. If the BIA denies the appeal, the next step is to file a petition for review with the U.S. Circuit Court of Appeals.
Convention Against Torture (CAT) Protection
CAT protection applies when you can show it is more likely than not that you would be tortured if returned — even if the torture is not based on a protected ground. It covers situations where government officials are involved in or complicit in torture. CAT applies even to individuals with a serious criminal history. Note that it is recommended to file for CAT along with your asylum application.
Motion to Reopen
If circumstances change significantly after a final decision — including a change in country conditions, new evidence, or a significant legal development such as the reversal of a rule that was applied to your case — a motion to reopen may allow the case to be reconsidered. The reversal of the Circumvention of Lawful Pathways (CLP) rule in May 2026 is one example of a legal change that created grounds for motions to reopen in certain cases.
The Asylum Application Process — Step by Step
1. File Form I-589
Remember, you need to submit your asylum application within one year of your last entry into the United States. Missing this deadline is a very common mistake, but it's also one of the most serious errors you could make in your case.
2. Receive receipt notice
USCIS acknowledges the filing. The asylum clock begins. After 150 days from a complete, non-delayed filing, you may apply for work authorization (EAD).
3. Biometrics appointment
Fingerprints and a background check. Standard procedure — not a decision on your case.
4. Asylum interview (affirmative) or court hearing (defensive)
For affirmative cases: an interview with an asylum officer at a USCIS office. For defensive cases: hearings before an immigration judge — typically a master calendar hearing followed by an individual (merits) hearing.
5. Decision
Affirmative: USCIS grants asylum, denies and closes the case, or refers to immigration court. Defensive: An immigration judge grants asylum, grants withholding or CAT protection, or orders removal.
5. If denied — appeal options
Affirmative denial → immigration court. Defensive denial → appeal to the Board of Immigration Appeals (BIA) within 30 days.
The quality of your written declaration — the personal statement accompanying your I-589 — is one of the most important factors in the outcome of your case. A vague or inconsistent declaration damages credibility. A detailed, chronological, and corroborated declaration builds it. This is where preparation with an attorney makes the greatest difference.
2026 Asylum Policy Changes — What You Need to Know Now
The asylum landscape has changed significantly in 2025 and 2026. These are the changes most likely to affect pending and future cases.
USCIS Can Now Refer Cases to Court Without an Interview
As of July 2026, USCIS has authority to transfer asylum applications directly to immigration court without first conducting an asylum interview. This means an affirmative case can move into defensive proceedings faster than expected—with no advance notice beyond a Notice to Appear. If you have a pending I-589 application, you should confirm with an attorney how this rule may affect your timeline.
CLP Rule Vacated — May 2026
The Circumvention of Lawful Pathways (CLP) rule — which barred asylum for many who entered without using CBP One or another designated pathway — was struck down by a federal court in May, 2026. If you were denied asylum or received only withholding of removal due to CLP, you may have grounds to file a motion to reopen. Contact us to assess whether this applies to your case.
Annual Asylum Fee — $102 Per Year
Applicants with cases pending more than one year must pay an Annual Asylum Fee (AAF) of $102. Failure to pay within 30 days of notification can result in denial of your application — regardless of the strength of your case. Pay at my.uscis.gov (USCIS cases) or epay.eoir.justice.gov (court cases).
BIA Decision — Fear of Military Mobilization
In July 2026, the BIA issued a precedent decision holding that fear of military mobilization — including conscription into a military accused of war crimes — is not on its own a sufficient basis for asylum. Cases that rely primarily on this fear must be reframed around a protected ground such as political opinion or particular social group, supported by evidence of individual targeting.
Why Choose Knutson Law for Your Asylum Case
— Direct access to attorney Yana Knutson. Yana works personally on every case.
— Bilingual representation in English and Russian. Every consultation, document, and court appearance in the language you understand.
— 13+ years of law experience, including complex asylum cases, BIA appeals, and federal court filings.
— Nationwide practice. We represent clients across the United States. Immigration law is federal.
— Current knowledge of policy changes. We monitor developments at USCIS, EOIR, and the federal courts and advise clients on how changes affect their specific cases.
— Criminal and immigration overlap. When a criminal history affects asylum eligibility — or when criminal charges arise during an asylum case — we handle both dimensions.
Frequently Asked Questions
What is the one-year filing deadline?
You must file Form I-589 within one year of your last entry into the United States. If you miss this deadline, you are generally barred from asylum — though limited exceptions exist for changed or extraordinary circumstances. This is the most common reason for asylum denial. Do not wait.
Can I apply for asylum if I entered without documents?
Yes. The manner of entry does not disqualify you from asylum. What matters is whether you can demonstrate persecution on a protected ground and whether you file on time.
What if I already missed the one-year deadline?
You may still qualify for withholding of removal or protection under the Convention Against Torture (CAT) — both of which protect you from being returned to a country where you face persecution or torture, even if you cannot receive asylum. A limited exception to the deadline also exists for changed or extraordinary circumstances.
What is withholding of removal?
Withholding of removal prevents the U.S. government from deporting you to a specific country where you face persecution. It requires a higher standard of proof than asylum and does not lead to a green card — but it provides real protection from removal.
What is the asylum fee?
As of 2025, USCIS charges a $100 initial filing fee and an Annual Asylum Fee (AAF) of $102 per year for cases pending more than one year. Failure to pay the AAF can result in denial of your application. Payment portals: my.uscis.gov (USCIS cases) and epay.eoir.justice.gov (court cases).
What changed with the referral policy in July 2026?
As of July 2026, USCIS may refer asylum applications to immigration court without conducting an interview first. This means your case could move to a defensive posture faster than expected. If you have a pending affirmative asylum application, contact an attorney now to assess your situation.
Can you represent clients outside New York?
Yes. We handle asylum cases nationwide. Immigration law is federal — jurisdiction is not limited by state.
Related Practice Areas
Asylum cases often involve overlapping legal issues. We also handle:
— Deportation defense — removal proceedings, BIA appeals, motions to reopen, stays of removal
— ICE detention and habeas corpus — bond hearings, federal court petitions, emergency filings
— U visa for crime victims — legal status for individuals who cooperated with law enforcement
— VAWA — self-petition for survivors of domestic violence
— Family-based immigration — green cards, spousal petitions, family reunification
— Criminal defense in New York — with attention to immigration consequences
Speak With an Asylum Attorney Today
📞 +1(631) 805-6601 — Call , WhatsApp or Telegram
Knutson Law | Yana Knutson
Immigration & Criminal Defense Attorney | New York | Nationwide
The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different. Contact us for a consultation specific to your situation.