Skip to main content

Asylum Process Guide

On this page, you will find a comprehensive guide to the U.S. asylum application process, outlining the necessary steps for successful submission and important deadlines. It includes practical information on preparing documents, attending interviews, and safeguarding applicants’ rights throughout each stage of the procedure.

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
  • Fail
    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

Immigration Services

Asylum
Deportation
Provisional Waiver
Citizenship
Green Cards
Work Visas
Marriage Visas
Business Visa
Litigation

Recent Publications

Deportation Defense and Cancellation of Removal: A Lifeline After Years in the United States
A Major  Shift for VAWA I-360 Cases—USCIS Can Now Use “Prohibited Source” Information
New York Immigration Lawyer Explains: What Trump’s 2026 Immigration Crackdown Means for You
Naturalization Denials Are Rising: Public Benefits, Affidavit of Support, and Fraud Risks You Must Know
Warning: Domestic Travel in the U.S. Is No Longer Safe for Many Immigrants — What You Must Know
View all Publications