US Asylum Publications

Asylum: Family As A Social Group And Ms-13 Gang

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 ...

Asylum One Year Filing Deadline Exception: Changed Circumstances

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 ...

USCIS V. EOIR: Jurisdiction In Asylum Cases

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 ...

Recent News In Immigration: Changes That Might Come Sooner Than We Expect

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 ...

Trump Administration Announced New Immigration Priorities

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 ...

Asylum: Can I Win Asylum Because My Family Is Targeted By Gangs?

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 ...

Asylum: Family As A Social Group

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. ...

Objective V. Subjective Fear In Asylum Cases

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 ...

Credible And Reasonable Fear Proceedings Revised

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 ...

Asylum Pending Status Explained

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 ...

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