Immigration & Asylum

Are you an immigrant who is afraid to return to your home country? Have you been the victim of a crime, victim of domestic violence, or been forced to work in the United States? If so, you may be eligible for immigration relief.  

Legal Services NYC provides FREE legal help to immigrants in a variety of areas, including immigration status, housing, public benefits and language assistance. We work closely with clients and community partners to ensure immigrants find stability and a successful pathway to lawful status.

For free legal help, call Legal Services NYC at 917-661-4500, Monday through Friday, from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.

Frequently Asked Questions

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What is asylum?

Asylum provides a way for people to remain in the U.S. with legal immigration status. It is for people who have been mistreated in the past, and/or fear mistreatment in the future, in their home country because of their political beliefs, their race, their religion, their nationality, or because they are a member of a vulnerable group of people – a “particular social group.” A particular social group can be a group based on a characteristic someone can’t change about themselves, such as being LGBTQ, being a woman, being an indigenous person, and more.

In order to apply for asylum, you need to show that you have been harmed in your country; or, if you have not suffered harm yet, that you have a fear of future harm and it is reasonable to have that fear of future harm. You also need to show that your government cannot or is not willing to protect you from that harm. 

Learn more here.

How do I check for an upcoming Immigration Court hearing?

If you entered the U.S. and had contact with immigration authorities, they may have sent your case to be reviewed by an immigration judge. If you don’t know whether you have an immigration hearing, you can check online or by phone.

• To check online, go to the link at https://acis.eoir.justice.gov/en/. You can enter your “A number” in the space provided. Your A number is your unique case number that was assigned by immigration authorities. It is a nine digit number, which often starts with the number 2. If your case hasn’t yet been entered into the system, you may see a message that there is no case yet with that number. This generally means that immigration court case has not started yet. 

• To check over the phone, call: 1-800-898-7180. To continue in English, press 1. To continue in Spanish, press 2. Then, follow the instructions to enter your A number. The automated system will tell you when and where your court hearing is. 

Learn more here. 

What is a U visa?

U nonimmigrant status, commonly referred to as the U visa, allows people who have been  victims of certain crimes in the U.S. to apply for immigration status. In order to apply for the U visa, the petitioner (or their minor child) must have been a victim of a serious crime in the United States. They must report this crime to the police, prosecutors, or certain government agencies and have helped them as they investigated or prosecuted the crime. The applicant must have suffered substantial harm due to being a victim of the crime – this harm can be physical, mental or emotional.

The applicant must get a form signed by the police, prosecutors, or the government agency stating that the applicant cooperated with the agency in the investigating or prosecuting the crime. 

Learn more here.

What is Special Immigrant Juvenile Status? 

Special Immigrant Juvenile Status (SIJS) is a pathway to permanent residence for some unmarried young people under the age of 21. 

• To qualify, you need to show you have been abused, abandoned, neglected or cannot reunify with one or both of your parents due to a similar reason under state law (like your parent’s death). 
• In order to apply for SIJS, you must have someone who is willing to become your custodian or guardian in family court. 
• Your guardian or custodian could be a parent, family member, or other trusted adult. They do not need to be documented in order to serve as your guardian or custodian.
• The family court must also find that it is not in your best interest to be returned to your or your parents’ home country. 
• In order to qualify, immigration authorities (USCIS) must receive your application (form I-360) before your 21st birthday.  
• If you were ever arrested, you should consult with an attorney before submitting an application.
• If immigration grants your form I-360, you can apply for permanent residence. However, there is currently a lengthy wait time between these two steps, due to visa backlogs.
• With an approved form I-360, you can get a work permit while you wait, as well as protection from deportation (deferred action).

If you have questions about whether you are eligible for SIJS or would like help applying, you can call our access line at 917-661-4500, Monday through Friday, between 9:30 a.m. and 4 p.m.

What is Temporary Protected Status? 

Temporary Protected Status, commonly referred to as TPS, provides a way for people from certain countries to stay in the U.S. for a short period of time. The U.S. will select countries that are suffering from emergencies such as war, or disasters, like earthquakes or hurricanes. Applicants that receive TPS will be able to work and remain in the U.S. for a short period of time. Only people from some countries can apply for TPS. You must submit your application during a specific time, set by the U.S. government. You must also be able to prove that you were in the U.S. at a specific date, depending on what country you are from. It is very important to speak with an attorney before applying to make sure you come from a country eligible for TPS, that you have proof of being in the U.S. at the required date, and that you are applying at the correct time for your specific country and type of TPS. 

Some countries that have recently been designated for TPS include: Afghanistan, Burma, Cameroon, Ethiopia, Haiti, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, Yemen. Check for updates here.

I am not a U.S. citizen. Can I get public assistance benefits or help?

Many immigrants or noncitizens are eligible for public benefits like cash assistance, SNAP, and Medicaid. Many people are eligible for cash assistance benefits and Medicaid only if they have an application that is pending before USCIS and have a receipt notice. For example, people who have filed an asylum application (USCIS Form I-589), a VAWA Self-Petition (USCIS Form I-360), or Temporary Protected Status application (USCIS Form I-821) and have a receipt notice from USCIS would be immigration-eligible for cash assistance and Medicaid in New York. Learn more here.