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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

Matter of D-G-B-L-, 29 I&N Dec. 392 (BIA 2026): New Clarification on the Serious Nonpolitical Crime Bar and Duress
USCIS Removes the One-Year Abroad Requirement for R-1 Visa Holders — What It Means for Your Green Card Pathway
VAWA Pathway to a Green Card: How to Prove Shared Residence, Abuse, Legal Marriage, and VAWA-Based Waivers
U.S. Pauses Immigrant Visas for Nationals of 75 Countries Starting January 21, 2026 — What This Means for You
USCIS Shocks Immigration Community with January 1 2026 Memo: Pause on Benefits for Nationals from 39 Countries and Review of Refugees Admitted 2021–2025
View all Publications