Asylum Process

Asylum Process Guide

• Not In Removal Proceedings
• In Removal Proceedings

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