New York Immigration Lawyer Help

Immigration Law in New York — what to do right now

Right now, do two things. First, write down the person's full name, date of birth, and A-number (the nine-digit 'alien number' on any immigration paperwork) — you'll need it to locate them through ICE's online detainee locator, because most New Yorkers ICE detains are moved hours west to the Buffalo Federal Detention Facility in Batavia (585-344-6500). Second, do NOT let anyone sign anything labeled 'voluntary departure' or a stipulated removal order, and do not let anyone be pressured into signing one — that signature can trade away the right to see a judge. Then call 1-844-690-0555 and we'll walk you through what the document actually means before any deadline forces your hand.

The law in New York: Immigration Law

The first thing to understand is that immigration is federal, not New York state, law. When people picture 'going to court,' they think of the New York Supreme Court in their county — but a removal case is heard by a federal immigration judge in an EOIR court under the Immigration and Nationality Act, specifically the removal-proceedings statute INA § 240 (8 U.S.C. § 1229a). In New York that means the non-detained dockets at 26 Federal Plaza and 290 Broadway in Manhattan, the Varick Street court at 201 Varick, and the western-New York detained docket at the Batavia Immigration Court. Appeals do not go to a New York appellate court; they go to the federal Board of Immigration Appeals in Falls Church, Virginia, and from there to the U.S. Court of Appeals for the Second Circuit in Manhattan.

What kind of relief is even on the table depends on your situation. Asylum is governed by INA § 208 (8 U.S.C. § 1158) and carries the single most unforgiving rule in this whole area: the one-year filing deadline. You must file Form I-589 within one year of your last arrival in the U.S., or you generally lose asylum eligibility unless you fit a narrow 'changed circumstances' or 'extraordinary circumstances' exception. Long-term residents may qualify for cancellation of removal under INA § 240A (8 U.S.C. § 1229b) — green-card holders need seven years' continuous residence and five as an LPR; those without a green card need ten years here, good moral character, and proof of 'exceptional and extremely unusual hardship' to a U.S.-citizen or LPR spouse, parent, or child. Crime victims who help law enforcement may have a path through a U or T visa under INA § 101(a)(15).

Not everyone in the system is fighting removal. Many New Yorkers are building status: a family petition (Form I-130) under INA §§ 201 and 203, adjustment to a green card (Form I-485) under INA § 245, or naturalization (Form N-400) under INA § 316 (8 U.S.C. § 1427) after five years as a permanent resident — three if married to and living with a U.S. citizen. Those are USCIS matters, handled at field offices serving New York, not in immigration court. But a single old criminal conviction can quietly convert a routine green-card or citizenship application into a removal case, which is why no application is ever truly 'routine.'

New York then layers on protections most states don't have. The Green Light Law lets undocumented residents get a standard driver's license and bars the DMV from sharing those records with immigration authorities without a judicial warrant or court order — and in December 2025 a federal judge in the Northern District of New York dismissed the U.S. Justice Department's challenge to it. The Protect Our Courts Act bars ICE from making civil arrests at, or on the way to, New York courthouses without a judicial warrant — and in November 2025 a federal court dismissed the DOJ's challenge to that law too, holding that ICE's administrative Form I-200/I-205 warrants are not judicial warrants. And the 'One Day to Protect New Yorkers Act' (Penal Law § 70.15) capped class-A misdemeanors at 364 days — one day under the federal one-year line that triggers harsh immigration consequences — and did it retroactively. These are powerful, but they are shields around the federal process, not substitutes for it.

Key Statutes (federal INA + NY shields)

INA § 208 / 8 U.S.C. § 1158 — Asylum, and the one-year filing deadline
INA § 240 / 8 U.S.C. § 1229a — Removal (deportation) proceedings
INA § 240A / 8 U.S.C. § 1229b — Cancellation of removal (7/5-year LPR; 10-year non-LPR)
INA §§ 245, 316, 101(a)(15)(U)/(T) — Adjustment, naturalization, U/T visas
NY Green Light Law, Protect Our Courts Act & 'One Day' Act (Penal Law § 70.15) — state protections

Courts & Agencies (all federal)

EOIR Immigration Courts — 26 Federal Plaza & 290 Broadway (non-detained) and 201 Varick Street, Manhattan
Batavia Immigration Court — Buffalo Federal Detention Facility, 4250 Federal Drive, the western-NY detained docket
Board of Immigration Appeals (Falls Church, VA) — appeals from NY immigration judges
U.S. Court of Appeals for the Second Circuit (Manhattan) — petitions for review
USCIS & ICE/ERO — USCIS field offices serving NY; ICE detention at the Buffalo Federal Detention Facility, Batavia

Deadlines & Penalties (hard clocks)

Asylum: file Form I-589 within 1 year of last arrival
BIA appeal: Notice of Appeal must be RECEIVED within 30 days (no extensions)
Motion to reopen: generally 90 days; motion to reconsider: 30 days
Re-entry bars after removal: 5 / 10 / 20 years or permanent (aggravated felony / illegal re-entry)
Mandatory detention with no bond under INA § 236(c); missed hearing = in absentia removal order

New York May Pay for the Lawyer Most States Make You Find Alone

Here's what almost no one knows when ICE detains a family member: New York is the state that pioneered funding free lawyers for detained immigrants fighting deportation. Through the New York Immigrant Family Unity Project (NYIFUP) — the first public-defender program of its kind in the country — detained New Yorkers who can't afford counsel get a real attorney at the Varick Street, Batavia, Ulster, and other detained dockets. Before NYIFUP, only about 4% of unrepresented detained cases at Varick Street succeeded; Vera Institute evaluations found roughly half of represented cases end successfully. So before you assume there's no help and someone signs away their right to fight, call us. We'll explain how NYIFUP and the state's Liberty Defense Project work, then point you to them. Information, not advice.

Likely outcomes & penalties

Immigration outcomes depend heavily on the relief sought and the facts — but here are realistic ranges New Yorkers see. None of this is a prediction about your case.

Asylum granted

Protection from removal plus a path to a green card one year after the grant. Missing the one-year I-589 deadline is the most common reason a strong claim is lost before it's heard.

Cancellation of removal

A long-term resident who meets the § 240A residence and hardship tests can have removal cancelled and keep (or obtain) a green card — but non-LPR grants are capped nationally and far from automatic.

Bond vs. mandatory detention

Some detainees at Batavia get a bond hearing and release while they fight; those with certain criminal grounds face mandatory detention under § 236(c) with no bond throughout proceedings.

Removal order & re-entry bar

A removal order means physical deportation plus a 5-, 10-, or 20-year bar on lawful return — permanent if it involves an aggravated felony or illegal re-entry. Voluntary departure missed by its deadline converts to exactly this.

Mistakes to avoid

⚠️

Signing a 'voluntary departure' form or stipulated removal order under pressure at the border or in detention — that signature can surrender the right to a hearing before a New York immigration judge, and missing a voluntary-departure deadline auto-converts to a removal order plus a 10-year bar.

⚠️

Assuming you missed your only chance because the one-year asylum deadline passed — there are narrow 'changed circumstances' and 'extraordinary circumstances' exceptions under INA § 208, and you need them assessed before you give up.

⚠️

Skipping an immigration court hearing because you were scared, didn't understand the notice, or couldn't make the trip to Batavia — missing a scheduled master or individual hearing almost always triggers an in absentia removal order entered in your absence.

⚠️

Pleading guilty to a New York criminal charge without anyone checking the immigration fallout — a plea that looks minor in state court can be an 'aggravated felony' for immigration purposes, and the 'One Day' 364-day fix only helps if your sentence is structured to use it.

⚠️

Treating a green-card renewal or naturalization application as routine paperwork when there's an old conviction in your history — USCIS can refer you straight into removal proceedings, so the time to check is before you file, not after.

How it works

Call 1-844-690-0555 — free, 24/7, in your language. Call the moment something happens — a detention, a notice, a deadline you're afraid you missed. There's no income test, no web form, and no wait. Spanish and other languages are supported. Legal Hotline is not a law firm and not a public defender; the call is free legal information, not legal advice, and creates no attorney-client relationship.

Talk to an AI assistant trained on federal + New York immigration law. Explain your situation in your own words. The assistant knows the federal INA framework — asylum deadlines, removal proceedings, bond, cancellation — and New York's specific layer: NYIFUP free counsel, the Green Light Law, the Protect Our Courts Act, and where the Batavia and Manhattan dockets sit. You'll get clear, concrete next steps and the real deadlines that apply to you.

Get matched with a New York immigration attorney if you want one. If your situation needs a lawyer, we can help you book a paid consultation with a New York-licensed immigration attorney — a separate, paid step arranged through the call. We'll also flag whether free programs like NYIFUP or the Liberty Defense Project may cover you first. No pressure, no online checkout — just a clear path forward.

Free & low-cost Immigration Law help in New York

New York has unusually strong free and low-cost immigration help — much of it open regardless of immigration status. These are real, verified organizations. Call us first and we'll help you figure out which one fits, then point you to it.

New York Immigrant Family Unity Project (NYIFUP) / Vera Institute

First-in-the-nation public-defender program providing free lawyers to detained New Yorkers in removal proceedings at Varick Street, Batavia, Ulster, and other detained dockets. The single most important resource if a family member is in ICE detention.

The Legal Aid Society — Immigration Law Unit (NYC)

A NYIFUP provider that also offers free deportation defense, asylum, family-petition, and U/T-visa help across the five boroughs.

Immigrant Defense Project (IDP)

New York's go-to on 'crimmigration' — the overlap of criminal and immigration consequences — with know-your-rights resources and a hotline for courthouse and ICE-arrest situations.

NYS Liberty Defense Project / Office for New Americans Hotline (1-800-566-7636)

State-funded free immigration legal services and referrals across all 62 New York counties — the statewide backbone for help outside NYC.

New York Immigration Coalition (NYIC)

A statewide network connecting immigrants to trusted member organizations and legal help in their region, from Long Island to western New York.

ActionNYC (City of New York)

Free, safe immigration legal help for New York City residents, accessed via 311 — screenings and assistance with applications in many languages.

LawHelpNY

Statewide free directory and self-help portal — find free legal help, including immigration assistance, by ZIP code and problem. A solid first stop for self-represented New Yorkers.

FAQ — Immigration Law in New York

ICE detained my husband in New York — where did they take him and what do I do first?

Most New Yorkers ICE detains are moved to the Buffalo Federal Detention Facility in Batavia (585-344-6500), hours west of NYC, even if they were picked up in the city. Find him using his name, date of birth, and A-number in ICE's online detainee locator, and do not let anyone pressure him into signing voluntary departure. Then call 1-844-690-0555 and we'll explain how the Batavia detained docket and free NYIFUP counsel work.

I think I missed the one-year asylum deadline. Is it over?

Not necessarily. The one-year rule under INA § 208 has narrow exceptions for 'changed circumstances' (like new dangers in your home country) and 'extraordinary circumstances' (like serious illness or being a minor). Whether you qualify is fact-specific and needs to be assessed quickly. Call 1-844-690-0555 and we'll explain how the exceptions work before you assume your claim is lost.

Are New York immigration cases heard in state court?

No. Immigration is federal law. Removal cases go before a federal immigration judge in an EOIR court — 26 Federal Plaza, 290 Broadway, or Varick Street in Manhattan, or Batavia for the western-NY detained docket — not the New York Supreme or County Court. Appeals go to the federal Board of Immigration Appeals in Virginia, then the Second Circuit in Manhattan. Call 1-844-690-0555 and we'll explain which court your case sits in.

Can I get a driver's license in New York if I'm undocumented?

Yes. Under New York's Green Light Law you can get a standard driver's license regardless of immigration status, and the DMV is barred from sharing your records with immigration authorities without a judicial warrant or court order — and in December 2025 a federal judge dismissed the Justice Department's challenge to the law. Call 1-844-690-0555 for free information on how it works and what it does and doesn't shield.

Can ICE arrest me at a New York courthouse?

New York's Protect Our Courts Act bars ICE from making civil immigration arrests at, or on the way to and from, state courthouses without a judicial warrant or order — and in November 2025 a federal court dismissed the Justice Department's challenge, confirming ICE's administrative warrants don't count. That's a protection many states don't have, but it has limits. Call 1-844-690-0555 and we'll explain what it covers before you head to any New York court date.

I have an old New York criminal conviction. Will it get me deported?

It depends on what the conviction was and how it's classified under federal immigration law — some state offenses count as 'aggravated felonies' that trigger removal and bar most relief. New York's 'One Day' Act capped class-A misdemeanors at 364 days specifically to stay under the federal one-year line, but it only helps if your sentence was structured for it. Call 1-844-690-0555 for free information on how your record may affect your status.

How long do I have to appeal an immigration judge's decision in New York?

Very little time. A Notice of Appeal to the Board of Immigration Appeals must be RECEIVED — not just mailed — within 30 days of the judge's decision, and that deadline cannot be extended. A motion to reopen is generally 90 days and a motion to reconsider 30. Call 1-844-690-0555 the moment you get a decision so you understand which clock is running.

Is there free legal help if we can't afford an immigration lawyer in New York?

Often, yes — more than in most states. If a family member is detained, NYIFUP provides free counsel at the Batavia, Varick Street, Ulster, and other detained dockets. Statewide, the Liberty Defense Project funds free immigration help in all 62 counties, and NYC residents can use ActionNYC via 311. Call 1-844-690-0555 and we'll help you figure out which one may cover you.

Should I just take voluntary departure to avoid a removal order?

Not without understanding the trade-off first. Voluntary departure means leaving at your own expense by a deadline — and if you miss that deadline, it automatically converts into a removal order plus a civil penalty and a bar on other relief. It can sometimes help and sometimes badly hurt. Call 1-844-690-0555 for free information on what it would mean in your situation before anyone signs.

Does talking to your hotline create an attorney-client relationship?

No. Legal Hotline is not a law firm and not a public defender. The call gives you free legal information — not legal advice — and creates no attorney-client relationship. It's a fast, free way to understand your situation and your deadlines in plain language. If you then want a lawyer, we can help you book a paid consultation with a New York-licensed immigration attorney. Call 1-844-690-0555 anytime, day or night.

Are you a New York immigration attorney? Join our network.

We connect frightened, urgent New Yorkers — facing ICE detention at Batavia, removal at 26 Federal Plaza, asylum deadlines, and family petitions — with licensed immigration attorneys across the state, from NYC and Long Island to Buffalo, Rochester, Syracuse, and Albany. If you're admitted in New York and practice immigration law, we'd like to send qualified consultations your way. This is a referral path for clients who want counsel beyond the free information our hotline provides. Reach out to join our New York immigration network.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

ICE, Deportation or a Looming Asylum Deadline in New York? Get Answers Before the Clock Runs Out.