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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

BIA Appeal Lawyer: How to File an Immigration Appeal or Motion to Reopen (New Rules Starting March 9, 2026)
New Proposed Asylum Work (EAD) Rule (2026)
VAWA Green Card Guide (2026) – New York Immigration Lawyer Explains How to Win Your Case
Asylum Lawyer in New York – Complete Guide to Winning Your Case (2026)
How to Prepare for Immigration Court in 2026: A Step-by-Step Guide from a Deportation Lawyer
View all Publications