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
Recent Publications
What Happens at an Asylum Interview? A Complete Guide from an Asylum Lawyer NYC
What Happens at an Asylum Interview? A Complete Guide from an Asylum Lawyer NYC
A Troubling Immigration Court Decision: Children Can “Age Out” While the Government Appeals
A Troubling Immigration Court Decision: Children Can “Age Out” While the Government Appeals
Student Visa Revocations in the United States: What You Must Do If Your F-1 Status Is Terminated
Student Visa Revocations in the United States: What You Must Do If Your F-1 Status Is Terminated
New Bill in Congress Seeks to End “Chain Migration” and the Diversity Visa Lottery: What Immigrants Need to Know
New Bill in Congress Seeks to End “Chain Migration” and the Diversity Visa Lottery: What Immigrants Need to Know
From Asylum to a Green Card: What You Must Know Before Filing Form I-485
View all Publications
From Asylum to a Green Card: What You Must Know Before Filing Form I-485