Removal And Asylum Process For People Arriving From The Border

During the expedited removal process, if the migrant asserts a credible fear of persecution (should he returns to his homeland), he would be giving a credible fear interview.  The credible fear interview is the initial screening process of the asylum process for people coming from the border.  If the individual passes the credible fear interview, he would be taken out of expedited removal and placed in regular removal proceedings.

Regular Removal Proceedings

Regular removal proceedings take place in immigration court.  During this stage of the removal process, the individual must complete and submit form I-589 (Application for Asylum and for Withholding of Removal).  The individual has due process protection (having an attorney/witnesses) during this stage of the removal proceeding.  The current process can take years before a hearing may be scheduled.

The New Rule (The Biden Rule)

The Biden administration has amended the expedited removal process.  This new process will allow the migrant to obtain asylum a lot faster.  First, an asylum officer will conduct a credible fear (of persecution) interview.  The credible fear interview counts as an application for asylum.   Second, If the migrant passes the credible fear interview, he will go through the second stage, The Asylum Merits Interview.  The Asylum Merits Interview is conducted by an immigration officer.  The immigration officer may deny the asylum petition and grant withholding of removal (WOR).  If a WOR is granted to you, you will be allowed to remain in the United States until immigration officials believe it is safe for you to return to your home country.  You may also file for work authorization if WOR is granted.  However, you may not file petitions for family members.  Third, you will be referred to an immigration court if asylum is denied.  You will not be required to file an asylum application while in immigration court.  Even if the asylum is denied at the third stage (immigration court stage), the immigration judge may not deny the WOR that was already granted after the Merits Interview.


You will need an attorney to fight on your behalf during the asylum process.  At Thenor Law, we are here to provide these services to you.  Attorney Thenor has been providing services to immigrant communities for more than 10 years and is available to help unite you with your family living in the United States.