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: New York Immigration Attorney Alena Shautsova VAWA is relief available to certain batted spouses, parent and children, of USC or LPR. 212(h) waiver helps those applying for adjustment of status or an Immigrant visa to waive inadm...Full immigration article »
US immigrationlawyer: Author: New York Immigration Attorney Alena Shautsova With the new year comes new hopes: the House Democrats introduced a new Immigration Bill that potentially can help millions ...those who have TPS and Dreamers. The Bill, if passed, wo...Full immigration article »
US immigrationlawyer: Author: NY Immigration Attorney Alena Shautsova Form I 131 can be used for a variety of applications connected with travel: A refugee travel document, parole in place, a reentry permit, etc. Often, persons who have a pending adjustment of ...Full immigration article »
US immigrationlawyer: Author: New York Immigration lawyer Alena Shautsova In June of 2018, the US Supreme court allowed Trump’s Travel Ban 3.0 to be implemented. According to this Ban, nationals of certain countries cannot receive a visa or enter the US witho...Full immigration article »