Not In Removal Proceedings
Step 1: File an Application
- You must be present in the US or port of entry
- The application must be filed within a year of entry (*exceptions apply).
- You must have credible fear of future persecution or experienced persecution in the past.
Step 2: Interview
- Passed Congratulations
Referral to the court:
- Master Hearing (might be several)
- Individual Hearing
- Granted Congratulations
First Time in Removal:
- File Asylum as a defense from removal
- Individual hearing
- Arriving Alien and Visa Waiver Overstay: credible fear determination first
In Removal Proceedings
Step 1: *Reinstatement of prior removals:
- Must state that you have a fear of returning to your country.
Step 2: Credible Fear Interview
- Asylee must prove reasonable fear of persecution or torture.
- Passed May apply for withholding (maybe asylum)
- Failed Be Removed or Request review by the judge
Asylum: Lawyer's Publications
US immigrationlawyer: Author: Alena Shautsova President Trump recently announced that starting November 3, 2019, all Immigrant visas for those who are not exempt from the public charge rule should be denied unless a person can demonstrate that he/she will hav...
US immigrationlawyer: Author: New York Immigration Attorney Alena Shautsova Will you or our family member be regarded as a public charge under the new rules that come into effect on October 15, 2019? The answer is crucial: if it is a YES, it means you or your...
US immigrationlawyer: Author: Alena Shautsova One of the ways to obtain a US permanent residency without leaving the US is through marriage to a US citizen. However, not everyone will be eligible for this route. Here are the most common issues that arise when...
US immigrationlawyer: Author: Immigration Attorney Alena Shautsova Special Immigrant Juvenile Status is a good option for children (under 18 or 21 depending on the state law) who were abandoned, neglected or abused by one or both parents and who now are seeki...