Answers
Questions asylum seekers ask us
114 short answers from our attorneys, grouped by topic. Each links to the full post and shows when its law was last checked.
Asylum basics 39
What is advance parole?
Permission, issued before you leave, to return to the United States and continue a pending application. For asylum applicants it is requested on Form I-131. It does not guarantee you will be let back in.
From Can you travel while your asylum case is pending? Read this before you book a ticket · law checked November 5, 2026
Can I visit my home country if I get advance parole?
That is the riskiest trip you can make. Under 8 C.F.R. 208.8(b), returning to the country of claimed persecution is presumed to abandon the application unless you can establish compelling reasons. It can also hurt your credibility.
From Can you travel while your asylum case is pending? Read this before you book a ticket · law checked November 5, 2026
My case is in immigration court. Can I get advance parole?
Leaving while in removal proceedings raises separate problems and can affect your case in ways that are hard to undo. Talk to your lawyer before you apply for anything or make any travel plans.
From Can you travel while your asylum case is pending? Read this before you book a ticket · law checked November 5, 2026
Can I win asylum with only my own testimony?
Yes, it is possible. The statute says testimony may be sufficient without corroboration, but only if the judge is satisfied it is credible, persuasive and refers to specific facts. Most cases are stronger with documents.
From Corroboration: when your word is enough, and when the judge can ask for proof · law checked November 4, 2026
What if I could not bring documents when I fled?
The law accounts for that. Corroboration must be provided unless you do not have the evidence and cannot reasonably obtain it. Explain, in your declaration and testimony, what you tried to get and why you could not.
From Corroboration: when your word is enough, and when the judge can ask for proof · law checked November 4, 2026
Does the judge have to warn me before requiring corroboration?
Courts of appeals have answered that differently, so it depends on where your case is heard. Do not wait to find out: bring the evidence you can reasonably get to your hearing.
From Corroboration: when your word is enough, and when the judge can ask for proof · law checked November 4, 2026
Do I need a current fear to get humanitarian asylum?
No. Humanitarian asylum is granted "in the absence of well-founded fear of persecution." It applies when you proved past persecution but the presumption of future fear has been rebutted, for example because conditions in your country changed.
From Humanitarian asylum: when the danger at home has passed, but what happened to you has not · law checked November 3, 2026
Does the "other serious harm" have to be persecution?
The regulation asks for a reasonable possibility that you "may suffer other serious harm upon removal." The word "other" shows it is a separate question from the persecution you already proved. Ask your lawyer how courts in your circuit apply it.
From Humanitarian asylum: when the danger at home has passed, but what happened to you has not · law checked November 3, 2026
Is humanitarian asylum guaranteed if I qualify?
No. The regulation says it may be granted "in the exercise of the decision-maker's discretion," and an applicant barred under 208.13(c) cannot receive it.
From Humanitarian asylum: when the danger at home has passed, but what happened to you has not · law checked November 3, 2026
Does the protected ground have to be the only reason I was harmed?
No. The statute requires that it was "at least one central reason." Persecutors often have mixed motives, such as money and politics. What matters is that the protected ground was central, not that it was the only reason.
From Nexus: why the reason you were harmed matters as much as the harm · law checked November 3, 2026
Is being threatened by a gang enough for asylum?
Not by itself. A threat or recruitment attempt has to be linked to a protected ground. In INS v. Elias-Zacarias, the Supreme Court held that forced recruitment by guerrillas did not, on its own, show persecution on account of political opinion.
From Nexus: why the reason you were harmed matters as much as the harm · law checked November 3, 2026
How do I prove why someone targeted me?
Through what the persecutors said and did, the timing of the harm, how others like you were treated, and country evidence. Direct proof of motive is rare, so circumstantial evidence matters. Your declaration should record their words as exactly as you can.
From Nexus: why the reason you were harmed matters as much as the harm · law checked November 3, 2026
Do my children need to pay their own asylum fees?
Not if they are included on your I-589 as dependents. Form G-1055 says the $100 filing fee and the annual fee, now $105, are owed by the principal applicant only. A family member who files a separate I-589 of their own is a different situation.
From Your spouse and children in your asylum case: what the rules say · law checked October 6, 2026
My son turns 21 next year. Will he lose his place in my case?
The asylum statute protects a child who was under 21 on the date the parent applied. That child keeps being treated as a child even if he turns 21 while the case is pending (INA 208(b)(3)(B)). Check the date your application was filed.
From Your spouse and children in your asylum case: what the rules say · law checked October 6, 2026
My wife is still in my home country. Can she join me if I win?
The asylum rules provide a derivative process for a spouse and children through Form I-730, which has no USCIS fee. A lawyer can tell you how and when to file it in your situation.
From Your spouse and children in your asylum case: what the rules say · law checked October 6, 2026
Is a credible fear interview the same as an asylum hearing?
No. It is a screening. A positive result means your claim moves forward to be heard in full. It is not a grant of asylum.
From Credible fear and reasonable fear interviews: what they are and what has changed · law checked October 6, 2026
Can the officer apply the bars to asylum at the screening stage?
Under a rule in effect since January 17, 2025, asylum officers may apply certain mandatory bars during credible fear and reasonable fear screenings, but only where the information is easily verifiable.
From Credible fear and reasonable fear interviews: what they are and what has changed · law checked October 6, 2026
Is Proclamation 10888 still in effect?
In part. The D.C. Circuit held it unlawful and denied rehearing en banc on July 23, 2026, but stayed its mandate pending Supreme Court review. So the August 2025 partial stay remains: asylum is restricted for people it covers, while withholding and CAT are available. The government's petition, No. 26-239, is pending.
From Credible fear and reasonable fear interviews: what they are and what has changed · law checked October 6, 2026
What does it mean that DHS must rebut the presumption?
Once you prove past persecution, you do not have to separately prove your future fear. The government must show, by a preponderance of the evidence, that circumstances have fundamentally changed or that you could reasonably relocate within your country.
From Past persecution: the presumption it creates and how it can be rebutted · law checked August 20, 2026
Can I win asylum if conditions in my country have improved?
Possibly. Humanitarian asylum can be granted for compelling reasons arising out of the severity of past persecution, or where there is a reasonable possibility of other serious harm on return (8 C.F.R. 208.13(b)(1)(iii)).
From Past persecution: the presumption it creates and how it can be rebutted · law checked August 20, 2026
I was detained and beaten but did not see a doctor. Does that count?
It depends on the full facts. In Matter of A-H-D-, the Board held that a beating during a three-day detention without charges, with no significant injury and no treatment sought, was not past persecution. Medical records, photos and witness statements can make a real difference.
From Past persecution: the presumption it creates and how it can be rebutted · law checked August 20, 2026
Can I ask the asylum office for an interview after my case is referred?
Once the case is before an immigration judge, the judge has sole jurisdiction over your asylum application. Your next step is the immigration court process, starting with the master calendar hearing on your Notice to Appear.
From Your asylum case was sent to immigration court without an interview. Now what? · law checked November 5, 2026
Do I need to file my I-589 again with the court?
No. EOIR's Policy Manual says an application referred by the asylum office is already in the record of proceedings and does not need to be refiled. If you need to change it, you file an amendment by the court's deadlines.
From Your asylum case was sent to immigration court without an interview. Now what? · law checked November 5, 2026
Is this rule final?
It is an interim final rule, effective July 28, 2026. The public comment period closed September 28, 2026. It is in force now. A lawsuit asking a court to stay it, Immigration Equality v. Mullin, was pending without a ruling as of November 2, 2026.
From Your asylum case was sent to immigration court without an interview. Now what? · law checked November 5, 2026
How soon after my asylum grant can I apply for a green card?
INA 209(b) and 8 C.F.R. 209.2 require one year of physical presence. Talk with a lawyer about how the year is counted in your case, especially if you have traveled.
From From asylee to green card: adjusting status after asylum is granted · law checked August 20, 2026
Is there a fee for the green card application if I am an asylee?
8 C.F.R. 106.2 lists $1,440 for Form I-485 at age 14 and older and $950 for a child under 14 filing with a parent. Check the current USCIS fee schedule, Form G-1055, for your category before you file, because fees change.
From From asylee to green card: adjusting status after asylum is granted · law checked August 20, 2026
I won withholding of removal, not asylum. Can I get a green card the same way?
No. INA 209(b) covers asylees. There is no statutory path to adjustment for withholding grantees.
From From asylee to green card: adjusting status after asylum is granted · law checked August 20, 2026
Can I ask for all three at once?
Yes. The Form I-589 is used to request asylum, withholding of removal and CAT protection, and in immigration court a judge can consider each one. If you do not qualify for one, the others may still be available.
From Asylum, withholding of removal and CAT: how the three forms of protection compare · law checked October 6, 2026
If I win withholding, can I bring my children here?
The derivative rules in INA 208(b)(3), including Form I-730, are part of the asylum statute. They do not apply to a grant of withholding or CAT protection.
From Asylum, withholding of removal and CAT: how the three forms of protection compare · law checked October 6, 2026
Do I pay the annual asylum fee if I only seek withholding or CAT?
No EOIR fee applies to an I-589 filed with a judge solely for withholding or CAT, and the Board held in Matter of L-F-R- that the annual asylum fee does not extend to those forms of protection.
From Asylum, withholding of removal and CAT: how the three forms of protection compare · law checked October 6, 2026
If a bar applies to me, is my case over?
Not always. Some bars apply to asylum but not to every form of protection, and the one-year deadline has two exceptions. Withholding of removal has its own bars and standards. A lawyer needs to look at which bar is raised and what evidence supports it.
From The bars to asylum: what can stop a case before the facts are weighed · law checked August 20, 2026
Can I say I was forced to help the people who persecuted others?
You can tell the truth about what happened, but under Matter of Negusie, 29 I&N Dec. 285 (A.G. 2025), there is no duress exception to the persecutor bar. Coercion alone does not take you outside the bar.
From The bars to asylum: what can stop a case before the facts are weighed · law checked August 20, 2026
Can an officer apply a bar at my credible fear interview?
Yes, for some bars. A rule effective January 17, 2025 lets asylum officers apply the bars in INA 208(b)(2)(A)(i) to (v) in credible fear screenings where the information is easily verifiable.
From The bars to asylum: what can stop a case before the facts are weighed · law checked August 20, 2026
Does mailing my I-589 on time protect my filing date?
Not if it is rejected. A rejected filing does not keep its filing date, so the date that counts is when a complete application is accepted. In immigration court, an application counts as filed when the court receives it.
From The one-year asylum deadline: what counts, and the two ways around it · law checked August 20, 2026
How long do I have after my circumstances change?
The regulation requires filing within a reasonable period after the change. It does not set a fixed number of days, which is why it is safer to file as soon as you can.
From The one-year asylum deadline: what counts, and the two ways around it · law checked August 20, 2026
If I am past the deadline, can I still ask for protection?
The one-year rule is part of the asylum statute. Withholding of removal and protection under the Convention Against Torture are separate forms of protection with their own standards. A lawyer can tell you which ones fit your case.
From The one-year asylum deadline: what counts, and the two ways around it · law checked August 20, 2026
Does the judge have to believe me unless there is a reason not to?
No. Under INA 208(b)(1)(B)(iii) there is no presumption of credibility at the hearing. A rebuttable presumption arises only on appeal, and only if the judge made no explicit adverse credibility finding.
From Credibility in asylum cases: why small inconsistencies can matter · law checked October 6, 2026
What if I find a mistake in my I-589 the week before my hearing?
Tell your lawyer right away. It is usually better to correct an error in writing before you testify than to have it come up for the first time on cross-examination. Court filing deadlines apply, so do not wait.
From Credibility in asylum cases: why small inconsistencies can matter · law checked October 6, 2026
Can I testify in my own language?
Yes. EOIR's Policy Manual says an interpreter is provided if necessary at the individual hearing. If you do not understand the interpreter, say so right away.
From Credibility in asylum cases: why small inconsistencies can matter · law checked October 6, 2026
Fees and forms 12
Is a mistake on my I-589 a frivolous application?
No. The statute requires that the application was knowingly frivolous, and the regulation describes a material element that was deliberately fabricated. A wrong date you correct, or a detail you remember differently, is a different problem. Fix errors with your lawyer as soon as you find them.
From The frivolous application warning: why every word in your asylum form must be true · law checked November 5, 2026
Can I lose my case for credibility without a frivolous finding?
Yes. A judge can find your testimony not credible and deny asylum without finding the application frivolous. A frivolous finding is a separate, specific determination with much harsher consequences.
From The frivolous application warning: why every word in your asylum form must be true · law checked November 5, 2026
A preparer wrote things in my application that are not true. What do I do?
Tell a lawyer right away. Correcting the record before your interview or hearing is far better than having the false facts discovered there. Do not repeat them.
From The frivolous application warning: why every word in your asylum form must be true · law checked November 5, 2026
What is a biometrics appointment?
A short visit to a USCIS Application Support Center where your fingerprints, photo and signature are taken for background checks. The appointment notice tells you where and when, and what to bring.
From Missed your fingerprint appointment? What happens to your asylum case · law checked November 4, 2026
I missed it because the notice went to my old address. Is my case lost?
Not necessarily. Under 8 C.F.R. 208.10, a failure to appear is excused if the notice was not mailed to the current address you had already given USCIS. Gather proof of when you reported the new address and contact a lawyer.
From Missed your fingerprint appointment? What happens to your asylum case · law checked November 4, 2026
My case is in immigration court. Who schedules biometrics?
You do, with DHS. Under 8 C.F.R. 1003.47(d), the applicant must make arrangements with DHS to provide biometrics before or as soon as practicable after filing. The judge sets the deadline.
From Missed your fingerprint appointment? What happens to your asylum case · law checked November 4, 2026
Do my spouse and children each owe the $105 fee?
No. If your spouse and children are included on your I-589 as dependents, only you, the principal applicant, pay the Annual Asylum Fee. They do not pay it separately.
From The $105 Annual Asylum Fee: who owes it, when it is due, and what happens if you do not pay · law checked November 5, 2026
If the court stayed the penalties, do I still need to pay?
The stay pauses the consequences of not paying, not the fee. USCIS can still charge and collect it, and the stay could change when the case is decided. Paying and keeping your receipt is the safer course.
From The $105 Annual Asylum Fee: who owes it, when it is due, and what happens if you do not pay · law checked November 5, 2026
Does the fee apply if I only asked for withholding or CAT protection?
No. The Board of Immigration Appeals held in Matter of L-F-R- that the annual fee and the consequences for not paying it do not extend to statutory withholding of removal or protection under the Convention Against Torture.
From The $105 Annual Asylum Fee: who owes it, when it is due, and what happens if you do not pay · law checked November 5, 2026
Can I get a fee waiver for the $100 I-589 fee?
No. The fee is non-waivable, and the court regulation says it cannot be waived or reduced. It is also non-refundable, and USCIS keeps it even if your application is rejected.
From The $100 I-589 filing fee: what it covers, where you pay it, and how a missing fee can cost you your filing date · law checked October 6, 2026
Do I pay $100 for each family member on my application?
No. The $100 fee is charged to the principal applicant only. A spouse or children included on your I-589 as dependents do not pay separately.
From The $100 I-589 filing fee: what it covers, where you pay it, and how a missing fee can cost you your filing date · law checked October 6, 2026
I am in immigration court and only asking for withholding or CAT. Is there a fee?
No. EOIR charges no fee for an I-589 filed with an immigration judge solely to seek withholding of removal or protection under the Convention Against Torture. If you are also asking for asylum, the fee applies.
From The $100 I-589 filing fee: what it covers, where you pay it, and how a missing fee can cost you your filing date · law checked October 6, 2026
Immigration court 27
Is telling USCIS my new address enough for the immigration court?
No. The court and DHS keep separate records. If your case is in immigration court, file Form EOIR-33 with the court. If you also have anything pending with USCIS, update your address with USCIS as well.
From You moved. The immigration court needs to know within five days. · law checked November 4, 2026
How long do I have to tell the court?
Five days from the change of address, under 8 C.F.R. 1003.15(d)(2). If the address on your Notice to Appear was missing or wrong, you have five days from service of the Notice to Appear.
From You moved. The immigration court needs to know within five days. · law checked November 4, 2026
What if I already missed a hearing because the notice went to my old address?
Act quickly and see a lawyer. Depending on whether you had given the court your address, a motion to reopen may be possible. See our post on in absentia orders.
From You moved. The immigration court needs to know within five days. · law checked November 4, 2026
Can my lawyer interpret for me at my asylum interview?
No. 8 C.F.R. 208.9(g) bars your attorney or representative of record from serving as your interpreter. It also bars a witness testifying for you and any representative or employee of your country's government.
From Interpreters at your asylum interview and your court hearing: who provides one, and who cannot · law checked November 3, 2026
Does USCIS still provide phone interpreters?
Not for regular affirmative interviews. The temporary rule under which USCIS supplied telephone interpreters expired on September 12, 2023. USCIS arranges the interpreter only for asylum merits interviews after a positive credible fear finding.
From Interpreters at your asylum interview and your court hearing: who provides one, and who cannot · law checked November 3, 2026
What if I do not understand the interpreter in court?
Say so right away, to the judge, in the language you speak. Tell your lawyer too. A record of the problem made during the hearing matters much more than a complaint made afterward.
From Interpreters at your asylum interview and your court hearing: who provides one, and who cannot · law checked November 3, 2026
I moved and filed my new address. Is my case moved too?
No. Filing Form EOIR-33 updates your address, which you must do within five days. It does not move your case. Only a granted motion to change venue moves it to another court.
From Moved to another state? How to move your immigration court case · law checked October 6, 2026
Can I skip my old court's hearing while the motion is pending?
No. Until the judge grants the motion, you must appear as scheduled. Missing a hearing can lead to an order of removal in your absence.
From Moved to another state? How to move your immigration court case · law checked October 6, 2026
Will the judge always grant it if I really live somewhere else?
No. The Board has said a mere claim that you live elsewhere is not enough when the government opposes. The judge weighs several factors, and timing matters.
From Moved to another state? How to move your immigration court case · law checked October 6, 2026
My Notice to Appear says the date and time are to be set. Is it invalid?
Not invalid for starting the case. The Supreme Court held that a Notice without the time and place does not trigger the stop-time rule, which matters for some forms of relief. A lawyer has to look at what other notices you received before deciding whether that argument helps you.
From Your Notice to Appear: what it must say, and what to check first · law checked October 6, 2026
I moved after I got the Notice. What do I do?
File Form EOIR-33 with the immigration court within five days of the move. If you never give the court an address, the law allows it to order you removed without sending you any notice at all.
From Your Notice to Appear: what it must say, and what to check first · law checked October 6, 2026
Can I go to court before 10 days pass?
Only if you ask for an earlier hearing in writing. The Notice has a box for that. Most people should not check it without talking to a lawyer, because the 10 days exist so you can find one.
From Your Notice to Appear: what it must say, and what to check first · law checked October 6, 2026
Will I have to tell my whole story at the first hearing?
Usually not. The master calendar hearing deals with your rights, your answers to the Notice to Appear, the relief you are seeking and the schedule. Your full testimony comes at the individual hearing, which is set for a later date.
From Your first immigration court hearing: what happens at a master calendar hearing · law checked August 20, 2026
Can I ask the judge for more time to find a lawyer?
You can ask, but do not count on it. In Matter of A-K-R- (BIA 2026), the Board said the only time requirement needed to protect the right to counsel is that the first hearing not be set earlier than 10 days after the Notice to Appear is served.
From Your first immigration court hearing: what happens at a master calendar hearing · law checked August 20, 2026
What if my lawyer files a Form EOIR-28 before the hearing?
For people who are not detained, a lawyer's Form EOIR-28 filed at least 15 days before the master calendar hearing vacates that hearing. A written schedule for pleadings and applications follows instead.
From Your first immigration court hearing: what happens at a master calendar hearing · law checked August 20, 2026
If my filing deadline falls on a Saturday, when is it due?
Under EOIR's Practice Manual, a deadline that falls on a weekend or legal holiday moves forward to the next business day. Because the court must receive the filing by then, it is safer to file well before.
From How to count immigration court filing deadlines · law checked August 20, 2026
Does mailing my documents on the deadline count?
No. An application or document is not considered filed until the immigration court receives it. Mail can be slow, so plan for delivery time.
From How to count immigration court filing deadlines · law checked August 20, 2026
Is the deadline to appeal to the BIA 10 days or 30 days?
Thirty calendar days, in every case, as of August 20, 2026. A 10-day rule was vacated by a federal court before it took effect, but the online Code of Federal Regulations still prints the old text.
From How to count immigration court filing deadlines · law checked August 20, 2026
I moved from New York to another state. Is my case moved automatically?
No. Filing a change of address is required, but it does not move your case. You or your lawyer must file a motion to change venue, and until the judge grants it, you must keep appearing at your original court.
From Which New York immigration court is my hearing at? · law checked October 6, 2026
Can ICE arrest me at my hearing in Manhattan?
On September 30, 2026, a federal court in Manhattan declared ICE's 2025 courthouse arrest policy arbitrary and capricious and vacated its 2025 guidance to the extent it rescinded the April 2021 guidance for civil enforcement in or near immigration courts. How ICE applies that judgment, and whether it is appealed, can change things, so ask a lawyer about the current status before your date.
From Which New York immigration court is my hearing at? · law checked October 6, 2026
The online case status shows no hearing, but I have a notice. Which is right?
EOIR says hearing notices and other court documents are the official source, and the automated system does not show a new date until one has been set. Follow your notice and keep a copy.
From Which New York immigration court is my hearing at? · law checked October 6, 2026
Do I need to bring my own interpreter to immigration court?
EOIR's Practice Manual says an interpreter is provided if necessary at the individual hearing. Tell the court your best language early, and tell your lawyer if you have trouble understanding the interpreter on the day.
From The individual hearing: what happens at your asylum trial in immigration court · law checked October 6, 2026
When are my documents due for the individual hearing?
If you are not detained, filings are generally due at least 30 days before the individual hearing, and responses to the other side's filings within 10 days. A judge can set a different schedule, and detained cases follow the judge's schedule.
From The individual hearing: what happens at your asylum trial in immigration court · law checked October 6, 2026
What happens if the judge denies my asylum case?
You can appeal to the Board of Immigration Appeals. The Notice of Appeal must be received by the Board within 30 calendar days of the decision, with the fee or a fee waiver request.
From The individual hearing: what happens at your asylum trial in immigration court · law checked October 6, 2026
How long do I have to reopen an in absentia order?
If you are claiming exceptional circumstances, such as serious illness, the motion must be filed within 180 days of the order. If you did not receive proper notice of the hearing, or you were in federal or state custody through no fault of your own, you can file at any time.
From Missed your immigration court hearing? How an in absentia order can be reopened · law checked August 20, 2026
Can I be deported while my motion is pending?
Filing a motion to rescind an in absentia order stays your removal automatically while the immigration judge decides it. Leaving the United States after filing a motion to reopen counts as withdrawing it.
From Missed your immigration court hearing? How an in absentia order can be reopened · law checked August 20, 2026
Can I appeal the in absentia order to the Board instead?
No. The Board of Immigration Appeals has no jurisdiction over a direct appeal of an in absentia order. The route is a motion to the immigration judge who entered it.
From Missed your immigration court hearing? How an in absentia order can be reopened · law checked August 20, 2026
Rulings 15
Are domestic violence asylum claims still possible?
Yes, but harder. The Attorney General reinstated Matter of A-B- in 2025, which sharply narrows claims based on private violence. Each case turns on how the group is defined and the evidence of the government's response. See our post on A-B- and L-E-A-.
From Particular social group claims in 2026: what the newest Board decisions changed · law checked November 5, 2026
Can my family be a particular social group?
Possibly, but the restored L-E-A- framework and the Board's 2026 decision in S-E-M-Z- make it harder. A family group must carry greater societal significance, measured across the country.
From Particular social group claims in 2026: what the newest Board decisions changed · law checked November 5, 2026
What does circular mean?
A group defined by the harm its members suffer, such as people who were threatened by a gang, is circular. The group has to exist apart from the persecution. Matter of V-A-B- applied that rule in 2026.
From Particular social group claims in 2026: what the newest Board decisions changed · law checked November 5, 2026
When will the Court decide these cases?
The Court usually issues decisions in argued cases by the end of June. There is no set date for any of these three.
From Three Supreme Court immigration cases to watch this term · law checked November 4, 2026
Does anything change for my case before the Court rules?
In D.V.D., the Court granted the government's request to stay the district court's February 25, 2026 judgment while the case is decided. For the other two cases, the law in your circuit continues to apply until the Court rules. Ask your lawyer how each case could affect you.
From Three Supreme Court immigration cases to watch this term · law checked November 4, 2026
I was granted asylum and then it was terminated. Should I wait for Wassily?
Talk to a lawyer now. Whether you can apply for a green card currently depends on which circuit you are in, and deadlines in your own case do not stop while the Supreme Court decides.
From Three Supreme Court immigration cases to watch this term · law checked November 4, 2026
Can I still get asylum based on domestic violence?
These claims are harder after the 2025 decisions, but they are not ruled out. They depend on a carefully defined social group, countrywide evidence that society recognizes it, and proof that the group was at least one central reason for the harm.
From After A-B- and L-E-A- came back: domestic violence and family asylum claims · law checked August 20, 2026
What is a circular social group?
A group defined by the harm itself, for example people who were targeted by the persecutor. Under Matter of V-A-B- (BIA 2026), a group like that is not cognizable. The group has to exist apart from the persecution.
From After A-B- and L-E-A- came back: domestic violence and family asylum claims · law checked August 20, 2026
If asylum fails, is there anything else?
Withholding of removal and protection under the Convention Against Torture are separate forms of protection with their own standards. They should be considered in every case, and the record should be built to support them too.
From After A-B- and L-E-A- came back: domestic violence and family asylum claims · law checked August 20, 2026
Does Mullin v. Al Otro Lado affect me if I am already in the United States?
The decision addresses people who were stopped before they reached U.S. soil. It does not change the asylum rules for people already inside the country, who still apply under the same statute, deadlines and bars as before.
From Mullin v. Al Otro Lado: the Supreme Court upholds metering at the border · law checked October 6, 2026
What is metering?
Metering is the practice of limiting how many people may approach or be processed at a port of entry, so that others wait on the Mexican side. The Supreme Court held the practice lawful.
From Mullin v. Al Otro Lado: the Supreme Court upholds metering at the border · law checked October 6, 2026
Is the 2025 border proclamation still in effect?
In part. The D.C. Circuit held Proclamation 10888 unlawful but stayed its mandate pending Supreme Court review, so asylum stays restricted at the border while withholding and CAT are available. The government's petition, No. 26-239, is pending.
From Mullin v. Al Otro Lado: the Supreme Court upholds metering at the border · law checked October 6, 2026
Can I still appeal after Urias-Orellana?
Yes. You can still appeal to the Board of Immigration Appeals and then file a petition for review in a federal court of appeals. What changed is how deferential the court of appeals is on the persecution question.
From Urias-Orellana v. Bondi: the hearing is where asylum cases are won · law checked August 20, 2026
Does this change what I need to prove for asylum?
No. The eligibility rules in INA 208 did not change. The decision is about how appeals courts review a judge's conclusion, not about what asylum requires.
From Urias-Orellana v. Bondi: the hearing is where asylum cases are won · law checked August 20, 2026
What should I do before my merits hearing?
Get everything into the record before the judge rules: your declaration, corroborating documents, translations, country evidence and witnesses. Testify to specific details, because the transcript is what a reviewing court reads.
From Urias-Orellana v. Bondi: the hearing is where asylum cases are won · law checked August 20, 2026
Work permits 9
Does my work permit end the day the judge denies my case?
No. Under 8 C.F.R. 208.7(b)(2), it ends on the date that is 30 days after the denial, unless you submit an appeal to the Board of Immigration Appeals. If you appeal, the work permit continues while the appeal is pending.
From The judge denied your asylum case. What happens to your work permit? · law checked November 3, 2026
What do I need to renew my work permit while my appeal is pending?
The rule asks for proof that you are still pursuing asylum. While your appeal is pending, that is a copy of the document the Board issued showing a timely appeal was filed. Keep it with your renewal papers.
From The judge denied your asylum case. What happens to your work permit? · law checked November 3, 2026
What happens if the Board denies my appeal?
Work authorization ends immediately under 8 C.F.R. 208.7(b)(3). If you file a petition for review in a federal court of appeals, a date-stamped copy of that petition is the proof the rule asks for when you renew.
From The judge denied your asylum case. What happens to your work permit? · law checked November 3, 2026
Has the waiting period changed to 365 days?
Not as of November 5, 2026. A February 2026 proposed rule would extend the wait to apply from 180 to 365 days, but no final rule had been issued. The rules in force are 150 days to apply and no grant before 180 days.
From The asylum work permit in 2026: when you can apply, what it costs, and what changed · law checked November 5, 2026
How much does a (c)(8) renewal cost?
A renewal requires the $275 additional fee under Pub. L. 119-21, submitted separately, plus a base filing fee listed on Form G-1055. The base fee is lower online than on paper, so check the current fee schedule before filing.
From The asylum work permit in 2026: when you can apply, what it costs, and what changed · law checked November 5, 2026
How long is an asylum work permit valid?
Work permits issued on or after December 4, 2025 have a maximum validity of 18 months.
From The asylum work permit in 2026: when you can apply, what it costs, and what changed · law checked November 5, 2026
I filed my renewal before October 30, 2025. Am I affected?
The former automatic extension of up to 540 days survives for renewals filed before October 30, 2025, under 8 C.F.R. 274a.13(d). Renewals filed on or after that date do not get it. Have a lawyer check your receipt date if you are unsure.
From Your asylum work permit renewal no longer extends your card. Here is what that means. · law checked November 5, 2026
Does the 30-day decision deadline help with renewals?
No. The restored 30-day window in 8 C.F.R. 208.7(a)(1)(v) applies to initial asylum work permit applications only, not renewals.
From Your asylum work permit renewal no longer extends your card. Here is what that means. · law checked November 5, 2026
Can I keep working after my asylum case is denied?
Employment authorization ends 30 days after an immigration judge denies the asylum application, or immediately if the Board of Immigration Appeals denies the appeal.
From Your asylum work permit renewal no longer extends your card. Here is what that means. · law checked November 5, 2026
Appeals and motions 12
What is the difference between voluntary departure and removal?
With voluntary departure, you leave on your own by a set date and are not removed under an order, which can matter for coming back later. Every grant comes with an alternate order of removal that takes effect if you do not comply.
From Voluntary departure: leaving without a removal order, and the deadlines that come with it · law checked November 5, 2026
Can I appeal if I accepted voluntary departure early in my case?
Early voluntary departure, before the end of the case, requires you to waive appeal of all issues. At the end of the case, you can appeal, but you must prove to the Board within 30 days that you posted the bond.
From Voluntary departure: leaving without a removal order, and the deadlines that come with it · law checked November 5, 2026
What happens if I file a motion to reopen during my departure period?
Under 8 C.F.R. 1240.26, filing a motion to reopen or reconsider during the period ends the grant of voluntary departure automatically, and the alternate removal order takes effect. The penalties for failing to depart do not apply in that case. Talk to a lawyer before filing.
From Voluntary departure: leaving without a removal order, and the deadlines that come with it · law checked November 5, 2026
Does filing a petition for review stop my removal?
No, not by itself. You have to ask the court of appeals for a stay of removal. The court decides using four factors, and the two that matter most are whether you are likely to win and whether you will suffer irreparable harm without a stay.
From After the Board says no: the petition for review and its 30-day deadline · law checked October 6, 2026
Can I add new evidence in the court of appeals?
Generally no. The court reviews the record that was made before the immigration judge and the Board. That is why the hearing is where asylum cases are usually won or lost.
From After the Board says no: the petition for review and its 30-day deadline · law checked October 6, 2026
Is 30 days counted from the immigration judge's decision?
No. The 30 days run from the final order of removal, which in an appealed case is usually the Board's decision. The appeal from the judge to the Board has its own 30-day clock.
From After the Board says no: the petition for review and its 30-day deadline · law checked October 6, 2026
Is the BIA appeal deadline 10 days or 30 days?
It is 30 calendar days in every case. The 10-day rule in the 2026 interim final rule was vacated by a federal court on March 8, 2026, the day before it would have taken effect, and the government dismissed its appeal on August 17, 2026.
From The BIA appeal deadline is 30 days, in every case · law checked October 6, 2026
Does mailing my appeal on day 30 count?
No. An appeal is filed when the Board receives it. Plan for the Board to have the complete appeal, with the fee receipt or fee waiver request, before the 30th day.
From The BIA appeal deadline is 30 days, in every case · law checked October 6, 2026
How much does a BIA appeal cost?
Form EOIR-26 carries a $1,060 fee for appeals filed on or after October 1, 2026 ($1,030 before), paid through the EOIR Payment Portal. If you cannot pay, file Form EOIR-26A to ask for a fee waiver. Bond appeals have no fee.
From The BIA appeal deadline is 30 days, in every case · law checked October 6, 2026
Can I file a second motion to reopen if my first lawyer made a mistake?
Under Matter of M-M-L-J- (BIA 2026), equitable tolling does not apply to the one-motion limit. A second ordinary motion to reopen is barred unless an exception applies, such as the battered spouse, child and parent exception or changed country conditions.
From You get one motion to reopen. Make it complete. · law checked October 6, 2026
Does filing a motion to reopen stop my removal?
An ordinary motion to reopen or reconsider does not stop removal automatically. A motion to rescind an in absentia order does. For a changed country conditions motion, a stay can be requested from the judge.
From You get one motion to reopen. Make it complete. · law checked October 6, 2026
How much does a motion to reopen cost?
Since October 1, 2026, a motion before an immigration judge is $1,095 and a motion before the Board is $1,060, paid through the EOIR Payment Portal. There is no fee for a motion to reopen an in absentia order for lack of notice or custody.
From You get one motion to reopen. Make it complete. · law checked October 6, 2026
Your case is not a blog post
Have a hearing date, a denial, or a deadline coming up?
Talk it through with an attorney who reads these rules every week. Bring your notice, your I-589 and any letters from USCIS or the court.