Asylum

Ukrainians Already in the U.S. Can Apply for Temporary Protected Status

In response to Russia’s military invasion and the resulting humanitarian crisis in Ukraine, the Department of Homeland Security (DHS) announced last week that Ukraine has been designated for Temporary Protected Status (TPS) for an initial period of 18 months. Ukrainian nationals, along with those with no nationality who last habitually resided in Ukraine, will be […]

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Asylum – Wait Times

Vast Differences in Asylum Wait Times In January 2018 USCIS changed its policy on scheduling interviews for affirmative asylum applications.  Their current policy is to schedule for interviews, applications that were filed the most recently – referred to as the “last in, first out” rule.  Previously the agency would interview cases in the order in which they […]

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Bars to Asylum – Seven additional Proposed bars by USCIS and EOIR

USCIS and EOIR joint notice of proposed rulemaking that would add seven additional mandatory bars to eligibility for asylum. The proposed rule would also set forth criteria for determining whether a vacated, expunged, or modified conviction or sentence should be recognized for purposes of determining whether an individual is eligible for asylum, and would remove […]

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U.S. Asylum Law – Changes in the implementation of U.S. Asylum Law

Changes In The Implementation of U.S. Asylum Law U.S. Asylum law is based on common sense of human decency and compassion. At its basic level, to obtain asylum in the U.S. an applicant has to establish that they fear going back to their home country because either they faced actual past persecution, or they have […]

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Asylum – Landownership

BIA Rules on Establishing Particular Social Group Based on Landownership.  The BIA ruled that landowner status does not automatically render membership into a particular social group for asylum and withholding of removal, and landowners and landowners who resist drug cartels in Guatemala are not particular social groups. Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020) AILA Doc. […]

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Asylum and Employment Authorization

USCIS final rule eliminating the regulation articulating a 30-day processing timeframe for USCIS to adjudicate initial Applications for Employment Authorization for asylum applicants. The rule also removes the requirement that pending asylum applicants file for Employment Authorization Document (EAD) renewal at least 90 days before the EAD’s scheduled expiration. The rule is effective 8/21/20. (85 FR 37502, […]

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