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
Immigration Preparer Mistakes | New York Immigration Lawyer
Immigration Preparer Mistakes | New York Immigration Lawyer
I-601A Waiver Approved Without an RFE: A Family Moves Closer to a Future Together
I-601A Waiver Approved Without an RFE: A Family Moves Closer to a Future Together
Two Important Immigration Enforcement Developments: DHS Extends “Mass Influx” Finding and First Circuit Addresses Third-Country Deportations
Two Important Immigration Enforcement Developments: DHS Extends “Mass Influx” Finding and First Circuit Addresses Third-Country Deportations
DHS Asylum Warning and Frivolous Claims: Domestic Violence and Gang Related | NY Asylum Lawyer
DHS Asylum Warning and Frivolous Claims: Domestic Violence and Gang Related | NY Asylum Lawyer
Selective Service and Citizenship Bars | NY Immigration Lawyer
View all Publications
Selective Service and Citizenship Bars | NY Immigration Lawyer