Title 42 refers to a Centers for Disease Control and Prevention (CDC) order that permits the barring of entry and expulsion of asylum-seekers at the southern border if there is a "serious danger of the introduction of disease into the United States." In place since March 20, 2020, Title 42 has complicated the asylum process and created inconsistencies in its application. Title 42 applies to asylum-seekers through two main mechanisms: "turn-backs" before they have touched U.S. soil and "expulsions" after they have touched U.S. soil. While these mechanisms officially apply to anyone seeking asylum, discrepancies in Title 42's application exist...

You can apply for defensive asylum if you are in removal or deportation proceedings. During those proceedings, would claim asylum as a defense to being removed from the United States. Removal proceedings occur in Immigration Court before an Immigration Judge. Those courts and judges are part of the Executive Office for Immigration Review (EOIR), which is a part of the U.S. Department of Justice (DOJ). Step 1: Attend the Master Calendar hearing These steps summarize what you can expect to happen during the Master Calendar hearing. Generally, the Master Calendar hearing will be your first hearing in Immigration Court. At...

If you are currently in the U.S. and you are not in deportation proceedings, the seven steps below summarize how you can apply for affirmative asylum. Step 1: Verify you have been physically in the U.S. You must be physically present in the U.S. to apply for asylum. Before applying, gather the evidence that can prove your presence. Step 2: File Form I-589, and wait for your 2 notices a. Make sure you are not barred from applying for asylum. b. File Form 1-589, within one year of your last arrival in the U.S. (unless you meet an exception to...

Being granted asylum means being able to permanently escape persecution by lawfully living in the United States. It also means the chance to find a path to U.S. citizenship. But even before you are granted asylum, applying for affirmative asylum can also prevent you from being considered unlawfully present in the U.S. Note that this only applies to applications for affirmative asylum—that is, applying for asylum if you are already physically present in the United States, and not currently in removal proceedings. What does it mean to have “unlawful presence” in the United States? Generally, if you (1) entered the...

  What is derivative asylum for children of refugees and asylees? If you were admitted to the United States as a principal refugee or if you were granted asylum in the United States in the last two years, you may be able to petition for your children to receive refugee or asylee status by filing a Form I-730, Refugee/Asylee Relative Petition on their behalf. This is known as derivative refugee or asylee status, because your children will be deriving this status from you after you were admitted to the United States as a refugee or received a grant of asylum....

An asylum applicant must establish that her asylum application was filed (1) within one year of her last entry into the United States; or (2) within one year after her valid visa status expired. If an applicant misses that one-year deadline, her application may proceed if she can demonstrate she qualifies under an exception (discussed in later posts). An applicant must show she meets the deadline "by clear and convincing evidence," 8 CFR § 1208.3(a)(2)(A), and "to the satisfaction of the asylum officer, the immigration judge, or ", 8 CFR § 1208.3(a)(2)(B). In practice, that means if an applicant before USCIS officers...

The set of documents you need to prepare for your asylum application will depend on whether you're applying for affirmative asylum or defensive asylum. We list below the documents you will need for an affirmative asylum application. See this post for differences between an affirmative and a defense application. Documents to file when first applying Form I-589This form is used as the primary form when applying for asylum or withholding of removal).Include one passport photo.Submit two copies of your application, and one copy for each derivative applicant.Filing Fees: NoneNo filing fees are necessary to apply for affirmative asylum.Form G-28Your attorney...

United States asylum law has not established the meaning of "persecution." The Immigration and Nationality Act (INA) does not define the term. See 8 U.S.C. § 1101(a)(42). "Although persecution is the fundamental concept at the core of the refugee definition, the term is not statutorily defined and courts have not settled on a single, uniform definition" Mei Fun Wong v. Holder, 633 F.3d 64, 71-72 (2d Cir. 2011) (citations and quotations omitted).1 Courts have recognized that Congress "left the task of defining with precision the phrase 'well-founded fear of persecution'" to executive agencies,2 but neither federal regulations nor the B.I.A....

The Department of Homeland Security (DHS) relies on a process called "expedited removal" to quickly remove noncitizens who presently are unauthorized to be in the country and whom U.S. officials may encounter near the border. If a noncitizen tells DHS they fear returning home, DHS will give them the opportunity for a “credible fear interview” with the USCIS Asylum Office. Those found to have a credible fear of persecution or torture are considered asylum seekers who then are referred to the Immigration Court to undergo the defensive asylum process. “Credible fear,” according to USCIS, means a “significant possibility” of being...

By: Karlo I. J. Dizon, Esq. Our previous posts discussed how an applicant for asylum must establish, as a threshold matter, her country of nationality, or if stateless, her country of last habitual residence. After making that showing, the applicant must then demonstrate she is "unable or unwilling to return to . . . that country because of persecution or her well-founded fear of persecution"1 Courts have not considered an applicant's willingness to return to the persecuting country as, by itself, a factor that determines whether the applicant qualifies for asylum. Instead courts might see the applicant's voluntary return to...