Immigration

About Asylum

Source: LawHelpNY

Asylum protects people who are afraid to go back to their home country because they were harmed or threatened because of their race, religion, nationality, political beliefs, or membership in a group. If you left your home country to escape this kind of harm, and if the harm or threats came from your government, military, or other group, and the government did not keep you safe, you may qualify for asylum.

Examples of people who can apply for asylum if they are harmed or threatened include:

A reformer or activist
A woman who is against genital cutting
A family member of an elected or political leader
A member of a religious minority
A woman who is the victim of domestic violence in a country that does not protect women
A member of a clan or race targeted by another clan or race
A person who is against forced sterilization
A person who identifies as lesbian, gay, bisexual, and/or transgender
Asylum applicants can apply for their spouses and unmarried children under 21. After 1 year of asylum, they can apply for a green card.

Other rules about asylum

Each asylum case is different. It can be hard to prove when it is safe or not to live in a home country or a different part of a home country. And if an applicant waits a year or more, it is harder to qualify. It's helpful to talk to a Legal Advocate to see if you qualify for asylum. If not, you may qualify for another protection, like withholding or the Convention Against Torture.

Eligibility Requirements

You may qualify for asylum if:

You were harmed in the past, or are afraid you will be harmed in the future because of your race, religion, nationality, political beliefs, or membership in a group.
Your government caused the problem or will not protect you.
You have no other safe place to live.
You have not committed a serious crime or harmed someone else.
Note: It is harder to qualify for asylum after you have lived in the U.S. for more than one year.

Tips for filling out the asylum forms

Check the rules and risks to decide if you should apply.

Understand how to explain your case to show how you qualify.
Only sign a form if you agree with everything written on it. The USCIS (government agency) and Immigration Courts deny cases that have wrong information or lies. Bad applications disqualify you from other immigration benefits too.
Get legal help if you don't understand the rules and forms: www.immigrationlawhelp.org

(source: https://www.lawhelpny.org)

How do I get a Social Security number?

Resource | LawHelpNY

Social Security Numbers for Noncitizens
Social Security numbers (SSNs) are for reporting your wages to the government and tracking your Social Security benefits. Generally, you must have permission to work in the United States to get an SSN.

If you have a legal immigration status that allows you to work, contact your local Social Security office to apply for a number. You need to prove your identity, age, and work-authorized immigration status. Find an office near you: https://www.ssa.gov/locator/

Many companies, such as banks and credit companies, may ask for your SSN. You don't have to provide one if you don’t have one. Warning: using a fake SSN can hurt your immigration case.

If you don't have permission to work in the US
You can apply for an Individual Taxpayer Identification Number from the Internal Revenue Service (IRS). Visit the IRS in person, or call the IRS toll-free number, 1-800-TAXFORM (1-800-829-3676), and ask for the "Form W-7, Application for IRS Individual Taxpayer Identification Number."

(source: https://www.lawhelpny.org)

Know Your Rights

Immigrants & NY

NYIC partnered with the Center for Urban Pedagogy (CUP) and designer Luiza Dale to create Immigrants & NY, a fold-out poster in English, Spanish, and French. The illustrated poster guides immigrants in New York State on how to avoid immigration scams, protect their families when interacting with ICE, and create a plan for their family in the event of deportation.

Our partnership continued with Immigrants & Upstate NY, a companion piece that focuses on the upstate regional context. The tri-fold poster educates immigrants on how to interact with Border Patrol and local law enforcement, and ways to reduce the risk from traffic stops.

NYIC has created an updated Know Your Rights presentation and facilitator guide as of December 2024. The presentation covers basic rights that community members have with different types of immigration and law enforcement agents (ICE, Border Patrol, and local police), and how to navigate different spaces and situations.

(source: https://www.nyic.org/resources-training/kyr/#2)

Resources for Immigrants

Know Your Rights

Immigrants & NY

All immigrants have rights in New York—regardless of your status. This guide will help you understand your rights, where to get help, and what to do when interacting with ICE.

Community members and allies should be aware of their rights whenever dealing with Immigration and Customs Enforcement (ICE), Border Patrol, or other law enforcement.

If you are stopped by immigration or other law
enforcement, remember:

Stay calm. Do not run. Do not resist or
obstruct the officer.
Do not lie or provide false documents.
You have the right to remain silent. Anything
you say can be used against you.
If an agent asks if they can search you or
your belongings, you have the right to say no.
However, you may not physically resist.
Police may pat down your clothing if they
suspect a weapon.
If you are not a US citizen and an immigration
agent requests your immigration papers, you
must show them if you have them with you.
If you are stopped, detained, or harassed by
law enforcement, try to get the agent(s)’
name, number, and any other identifying
information.
You or someone else in the community can
take video or audio recordings of interactions
with law enforcement. You can also write
down what happened after they leave.
It is illegal for law enforcement officers to
perform any stops, searches, detentions, or
deportations based on your race, national
origin, religion, sex, or ethnicity.

You can report interactions with federal agents to the Immigrant Defense Project (IDP).

Private Spaces

Your home and other “private spaces” (such as employee-only areas of a workplace) carry special protections that public spaces do not.

Officers can only enter private spaces if they have your consent or they show you a judicial warrant (signed by a judge).

Protected Areas

In January 2025, the Trump administration cancelled a longstanding policy that directs ICE and CBP to avoid immigration enforcement in “sensitive locations” or “protected areas” such as schools, healthcare facilities, and places of worship.
Despite these changes, New Yorkers still have some protections in these locations.
A 2018 New York State Executive Order prohibits immigration enforcement at New York state facilities such as a public school or hospital unless ICE has a judicial warrant.
The Protect Our Courts Act protects New Yorkers from arrest at state, city, and municipal courts without a judicial warrant.
ICE and other agents cannot enter “private spaces” without a judicial warrant or consent of the owner.

Be aware of immigration fraud

Immigration law is complicated. Be careful when

discussing your situation with any person or business.

You should only speak to a lawyer or Department of Justice (DOJ) accredited representative for legal advice on your situation.

Never get immigration help from a “notario,” travel agent, tax preparer, forms preparer, or notary. In the US, a “notario” is NOT a lawyer!

If you need help with your case or have general immigration questions, call the Office for New Americans hotline at 1-800-566-7636.

Immigration Enforcement at the Workplace

This guide will explain what immigration enforcement is, what to do if they come to your workplace, and how to be prepared in case of a raid.

What is ICE?

ICE is the acronym for Immigration and Customs Enforcement, a federal agency under the Department of Homeland Security (DHS) that enforces immigration law.
ICE agents are federal agents, and are not the same as local police. Their uniforms may say “Police,” “Federal Agent,” “ICE,” or “HSI.” They may also not be in uniform. They may carry guns. Sometimes local police officers go with ICE agents on ICE raids.

What does ICE do at workplaces?

Immigration agents may come to your workplace for a Form I-9 audit; a raid; or to detain specific people.

How are audits and raids different?

With an ICE raid, the employer has no warning. With audits, there is often a subpoena beforehand. An ICE audit is “friendlier” than a raid but can also lead to damaging results.

Asylum

Immigration Paperwork and Related Questions

What is asylum? is a trilingual fold-out poster in English, Spanish, and French, created by CUP with The Bellevue/NYU Program for Survivors of Torture (PSOT) and design studio Bardo Industries. The illustrated poster guides asylum seekers— many of whom have limited English and literacy skills— step-by-step through the difficult process of receiving asylum, and provides information about other resources they can turn to for assistance.

Change of Address

If you move, it is important that you update your address with the U.S. government.

Many asylum seekers and immigrants move during their time in the United States. For people with current immigration cases, it is important their address stay up to date with the U.S. government to ensure that important documents, such as hearing or interview notices, are received. This one-pager provides information on how to change your address with the correct immigration agencies and request a change of location for your immigration court proceedings.

Removal Orders

What is a Removal Order?

A removal order (formerly called a "deportation order") is issued when a U.S. court decides that a person is not legally allowed to stay in the United States. This can happen for different reasons, such as:

Entering the U.S. without proper documents or a visa
Overstaying a visa
Committing certain crimes
Violating immigration rules

Medicaid and Child Health Coverage

Medicaid and Child Health Plus Postpartum Coverage Extended from 60 Days to One Year

As part of the advocacy successes of the NYIC’s Coverage4All campaign, pregnant women and low-income children who are pregnant and enrolled in either Medicaid and/or Child Health Plus are now eligible to receive up to twelve months of postpartum coverage, regardless of immigration status or how the pregnancy ended. This one-pager outlines what this means for individuals and families, who is eligible, and how to enroll.