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 Lawyer Alena Shautsova The Coronavirus disrupted our lives on every possible level. It is a time of uncertainty for everyone in the world, but those who have pending legal matters may have additional stress f...
US immigrationlawyer: Author: VAWA Immigration lawyer Alena Shautsova Recently, USCIS adopted a practice to issue C(31) EAD for VAWA cases. The EAD is being mailed to you without any explanation. There are no other notices, until some months later a person r...
US immigrationlawyer: Author: Alena Shautsova USCIS continues to update its policy manual to reflect the latest changes in how it is processing various requests for US Immigration benefits. When a person submits his or her package to USCIS, at times it gets ...
US immigrationlawyer: Author: New York Immigration lawyer Alena Shautsova On January 31, 2020, President Trump expanded travel ban by adding six new countries to the list of countries nationals of which cannot come to the U.S. without waivers. This new ban, unl...