US Asylum Publications
05 March 2018
Author: Asylum Lawyer Alena Shautsova
A family as a social group for the purposes of asylum claims is a relatively new trend: the Board of Immigration Appeals (BIA) recognized the family as a social group in 2011. The law is not settled yet, however, and many cases are hard to win at the first level, especially if the one-year deadline was los ...
20 January 2018
Author: Asylum Attorney Alena Shautsova
Ordinally, a person who would like to ask for asylum in the United States has to do so within one year of his/her entry. However, if one missed the deadline, the law provides him/her with a second chance in certain situations, but only if the person acts within a reasonable time.
One such a situation is whe ...
05 January 2018
Author: US Asylum lawyer Alena Shautsova
An asylum process in the US will depend on whether a person is filing for asylum when he/she is in Immigration court proceedings (defensively), or if he/she files for asylum proactively without being placed in Immigration court proceeding (affirmatively).
Whether an application has to be submitted to t ...
03 November 2017
Author: New York Asylum Lawyer Alena Shautsovaa
The last day of October 2017 was truly horrifying, and not only for New Yorkers who had to face yet another attack, but I believe for the whole world community of people who are tired of hatred and violence. As we all know, President Trump reacted immediately and defensively: he suggested that the D ...
10 October 2017
Author: US Asylum Lawyer Alena Shautsova
On October 8, 2017, President Trump released new Immigration priorities. The US will head in the direction of limiting family based immigration, as well as refugee-based immigration and favoring immigrants with high skills. Fewer people will qualify for visas and green cards, and fewer green cards will be ...
24 August 2017
Author: Asylum lawyer Alena Shautsova
I have written in the past about the various developments in the area of asylum law as it relates to the claims of persecution based on family as a social group. I would say that now, there are two definite trends how those claims are addressed by the courts and Immigration Judges. Based on numerous denials of ...
07 August 2017
US Asylum Lawyer Alena Shautsova
Claiming asylum based on persecution as a member of a particular family became more and more widespread in recent years. While the courts, attorneys and applicants keep struggling with the concept, here are some points that one may learn from the recent cases and how the higher, Federal courts consider such claims. ...
30 April 2017
Author: US Asylum Lawyer Alena Shautsova
To win one’s asylum case in the United States, a person has to prove past persecution or reasonable fear of future persecution on account of a protected ground. Fear is only fear unless and until it martializes in specific harm. Why some “fear” will get you an asylum in the United States and a green card, a ...
26 February 2017
Author: USA Asylum lawyer Alena Shautsova
Following the orders by Department of Homeland Security (the “DHS”), USCIS has revised its training materials on Credible and Reasonable fear assessments. It happened because the new administration is trying to streamline the expedited removal process for those who are surrendering themselves at the border ...
19 December 2016
Author: Asylum attorney Alena Shautsova
An applicant for asylum often lists his/her status as "asylum pending", and often, people who have applied for asylum in the United States have some misconceptions as to what this “asylum pending” status entails.
One of the most common misconception is that a person who came to the United States in some leg ...