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 The bipartisan border bill may come our new Immigration reality any minute. If it does, it will alter the Immigration landscape. The $118 billion deal, which was reached after months of negotiations, would send b...
US immigrationlawyer: Author: New York Immigration Lawyer Alena Shautsova New York Immigration lawyer Alena Shautsova shares thoughts on the future of the Immigration state in the USA in connection with the 2024 Presidential elections. Now, that 2024 has fin...
US immigrationlawyer: Author: New York Immigration Lawer Alena Shautsova Joe Biden’s administration and a deeply divided Congress are trying to reach a consensus on the southern border and Ukrainian aid. Senators from both sides of the aisle are looking to crea...
US immigrationlawyer: Author: New York Immigration Attorney Alena Shautsova TPS stands for temporary protected status. It was created by the in the Immigration Act of 1990. It is provided to nationals of specifically designated countries that are confrontin...