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
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US immigrationlawyer: Author: New York Immigration Attorney Alena Shautsova President Trump ordered Immigration authorities to make changes to the employment Immigration law, and the changes are coming. The administration posted a copy of the proposed H1B rul...Full immigration article »
US immigrationlawyer: Author: US Immigration Attorney Alena Shautsova 2018 midterm elections are over: Republicans won the Senate, and Democrats the House. It means that now, more than ever, the Congress will be divided, and any law will be even harder to pas...Full immigration article »
US immigrationlawyer: Author: New York Immigration Lawyer Alena Shautsova False statements during the immigration process generally make a person inadmissible and deportable but eligible for a waiver. However, some particular statements come with even worse con...Full immigration article »