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FOR INFORMATION ABOUT N-400 FILING FEE WAIVERS Checkout the Filing Fee Waiver Page or the USCIS page for it (https://www.uscis.gov/i-912). A Form I-912 Application for a Filing Fee Waiver is separate and distinct from the reductions discussed here. Form I-912 ...

This is how you should calculate your household size for purposes of an Affidavit for Support for USCIS and understanding the HHS Poverty Guidelines.WHO COUNTS AS PART OF YOUR HOUSEHOLD?You count someone as part of your household size if that person is:You;The...

USCIS FILING FEESFor the most up-to-date information make sure to check the comprehensive list of fees by viewing, Fee Schedule, Form G-1055.USCIS Frequently Asked Questions About Filing Fees WebpageForm G-1055, Fee Schedule07/31/2024 04:27 PM EDTEdition Date:...

Legal Citations GenerallyWhen filing papers before EOIR, parties should keep in mind that accurate and complete legal citations strengthen the argument made in the submission. This Appendix provides guidelines for frequently cited sources of law. EOIR generall...

Exceptions to the Circumvention of Lawful Pathways RulesThe rule makes the right to seek asylum conditioned upon being denied asylum in a country the individual traveled through on his or her way to the United States, assuming the country is a signatory to the...

In December 2004, the United States and Canada agreed to begin the implementation of the Safe Third Country Agreement between the two countries.As a result, most asylum-seekers must apply for asylum in whichever of these two countries they land in first. That ...

INA § 208 (8 USC 1158) AsylumAuthority to apply for asylum1. In generalAny alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the Uni...

(A) General crimes(i) Crimes of moral turpitudeAny alien who-(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) a...

1-Year Filing Deadline8 CFR §1208.4(a)(2)Calculated from the date of the alien's last arrival in the United States or April 1, 1997, whichever is later.

STATUTESAsylumsections 208(b)(1)(A) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §1158(b)(1).Withholding of removalSection 241(b)(3)(A) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §1231(b)(3)(A).ELIGIBILITYIn order to establish a “well...

REFUGEEA refugee is defined at INA §§208(B)(1)(A), 101(a)(42)(A) 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 last habitually resided, and w...

“Credible” and “Reasonable” Fear InterviewsFear interviews are part of the expedited removal process. When a person is put into the expedited removal process, if they express a fear of returning to their home country or request to seek asylum, they are first s...

What is the Difference Between Asylum and Withholding of Removal?A person granted asylum is protected from being returned to his or her home country, is eligible to apply for authorization to work in the United States, may apply for a Social Security card, may...

What is the U.N. Convention Against Torture?• An international human rights treaty aimed at preventing torture worldwide.• The U.S. ratified the treaty in 1994.• Under the CAT, the Government cannot send a noncitizen back to a country where it is more likely t...

ASYLUMTo be statutorily eligible for asylum, an applicant bears the burden of establishing that they are a refugee, which requires a showing of past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership ...

Primary Case LawC-G-T, 28 I. & N. Dec. 740 (BIA 2023)(1) Determining whether the government is or was unable or unwilling to protect the respondent from harm is a fact-specific inquiry based on consideration of all evidence.(2) A respondent’s failure to report...

 Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025) Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025)(1) An Immigration Judge is not required to consider an Application for Asylum and for Withholding of Removal (Form I-589) on the merits if it is incomplete, and incomp...

Asylum Quick Reference OutlineI. Definition of a RefugeeMust meet the definition of a "refugee" as defined in the Immigration and Nationality Act (INA).Definition: A person who is outside their country of nationality (or last habitual residence if stateless) a...

Membership in a Particular Social Group for Victims of Sexual Violence & Abuse by a Family MemberMembership in a Particular Social Group (PSG) - PSGs cannot be circular and “must have existed independently of the alleged persecutory acts.” FGM/C was recognized...