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 An Individual hearing in Immigration court is basically a trial, a day when one’s application will be heard on merits. First, you will need to get familiar with the Immigration Court...Full immigration article »
US immigrationlawyer: Author: New York Immigration Attorney Alena Shautsova You had your conviction vacated, and now you believe you have a “clean record.” It is time for your Immigration application, and you are wondering if you even need to mention that you w...Full immigration article »