Category Archives: Asylum

What is a Refugee in Immigration Law?

The Immigration and Nationality Act and Refugee Status for Asylum

The INA defines refugee as:

“Any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person habitually resided, and who is unable or unwilling to...

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Exceptions to the 1 Year Asylum Rule

What are the exceptions to the one year rule asylum application filing deadline?

Exceptions to the one year deadline fall into two categories, “changed circumstances” and “extraordinary circumstances.” Even if you meet one of these exceptions, you must file within a reasonable time, which is generally understood to mean within a few months. You...

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Firm Resettlement in Asylum Applications

What is “Firm Resettlement” and how will it affect my asylum application?

The Immigration and Nationality Act (INA) bars asylum if you were “firmly resettled” in another country prior to arriving in the United States. You are considered to be firmly resettled if prior to your arrival in...

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Asylum Credible Fear Interview

What is a USCIS Credible Fear Interview?

Asylum Officers conduct a credible fear interview when you are subject to expedited removal, (for example, if you are apprehended at the border) and you express an intention to apply for asylum or you express a fear of harm if you return home. If you are detained,...

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