Asylum Process Guide
On this page, you will find a comprehensive guide to the U.S. asylum application process, outlining the necessary steps for successful submission and important deadlines. It includes practical information on preparing documents, attending interviews, and safeguarding applicants’ rights throughout each stage of the procedure.
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
- Fail
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
Immigration Services
Asylum
Asylum
Deportation
Deportation
Provisional Waiver
Provisional Waiver
Citizenship
Citizenship
Green Cards
Green Cards
Work Visas
Work Visas
Marriage Visas
Marriage Visas
Business Visa
Business Visa
Litigation
Litigation
Recent Publications
Trump’s New Deportation Strategy: Employer Raids, Historical Lessons, and What It Means for You
Trump’s New Deportation Strategy: Employer Raids, Historical Lessons, and What It Means for You
When an Asylum Case Is Transferred to Immigration Court: Anxiety, Deadlines, and How a New York Immigration Lawyer Can Help
When an Asylum Case Is Transferred to Immigration Court: Anxiety, Deadlines, and How a New York Immigration Lawyer Can Help
Immigration News & Green Card Impact: Supreme Court Case on Birthright Citizenship Explained
Immigration News & Green Card Impact: Supreme Court Case on Birthright Citizenship Explained
What Happens at an Asylum Interview? A Complete Guide from an Asylum Lawyer NYC
What Happens at an Asylum Interview? A Complete Guide from an Asylum Lawyer NYC
A Troubling Immigration Court Decision: Children Can “Age Out” While the Government Appeals
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A Troubling Immigration Court Decision: Children Can “Age Out” While the Government Appeals