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 On January 8, 2018, the Trump Administration announced revocation of TPS for El Salvador. In a statement, Secretary of Homeland Security Kirstjen M. Nielsen announced that: To allow fo...Full immigration article »
US immigrationlawyer: Author: Alena Shautsova The US government may determine that nationals of certain countries may require special protection and provide a temporary protection status (TPS) for them. A TPS may be granted for those who entered the US lega...Full immigration article »
US immigrationlawyer: Author: New York Immigration Attorney Alena Shautsova An interesting statement was published by USCIS recently: USCIS is no longer considering a consular certificate documenting an individual’s birth outside of Cuba to a Cuban parent as ...Full immigration article »
US immigrationlawyer: Author: US Immigration Attorney Alena Shautsova If you are considering representing yourself in Immigration court, you need to educate yourself on some important points. You should know that in a hearing that will take place, you will be...Full immigration article »