Immigration Basics

    The One-Year Filing Deadline

    One of the major provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is the requirement that all asylum applicants must apply within one-year of their last entry into…

    Withholding of Removal

    Withholding of removal is an alternative form of relief for an individual fearing persecution in their country of origin. Generally, applicants file an application for both asylum and withholding of removal at the…

    Relief Under CAT

    Relief under the Convention Against Torture (CAT) is the third form of relief an individual fearing persecution can seek. Like withholding of removal, it can only be granted by an Immigration Judge (IJ),…

    Voluntary Departure

    Voluntary departure permits an individual who is otherwise removable to depart from the country at their own expense within a designated amount of time, in order to avoid a final order of removal. 1 However,…

    Real ID Act

    On May 11, 2005, President Bush signed into law the Real ID Act as an attachment to the Emergency Supplemental Spending bill. 1 Although some of the harsh asylum provisions originally included in…

    Safe Third Country

    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…

    Challenging Asylum Cases

    Some asylum applications are relatively straightforward: the applicant is filing within one year of their last arrival in the United States, they have severe past persecution with documentation to corroborate the abuse, and they have never…

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

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