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 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...
US immigrationlawyer: Author: Alena Shautsova Immigration law is one of the fastest changing areas of practice. It is so because unlike in other law areas, the changes may come from the President, USCIS, Board of Immigration Appeals and courts in addition to ...
US immigrationlawyer: Author: Alena Shautsova If removal or deportation proceedings were lost, a person will have an order of deportation/removal against them. At times, a person would fail to appear in Immigration courts proceedings completely and will have ...