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
Recent Publications
How Minnesotans’ Resistance Changed the ICE Surge — And What It Means for Immigration Enforcement
How Minnesotans’ Resistance Changed the ICE Surge — And What It Means for Immigration Enforcement
Understanding Criminal-Related Waivers on USCIS Form I-601| USA Immigration Lawyer
Understanding Criminal-Related Waivers on USCIS Form I-601| USA Immigration Lawyer
Understanding Your Constitutional Rights and the Alex Pretti Minneapolis Shooting
Understanding Your Constitutional Rights and the Alex Pretti Minneapolis Shooting
What Is Habeas Corpus and How to Use It in Immigration Detention Cases
What Is Habeas Corpus and How to Use It in Immigration Detention Cases
Matter of D-G-B-L-, 29 I&N Dec. 392 (BIA 2026): New Clarification on the Serious Nonpolitical Crime Bar and Duress
View all Publications
Matter of D-G-B-L-, 29 I&N Dec. 392 (BIA 2026): New Clarification on the Serious Nonpolitical Crime Bar and Duress