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Course Details

This CLE webinar will explore the pathways from asylum to lawful permanent residence, guiding practitioners on screening cases, selecting the appropriate forum, and preparing clients for the process. The panel provides a structured overview of affirmative, defensive, and asylum merits interviews. The experts cover key eligibility elements and statutory bars and tactics for evidence development, credibility, and corroboration.

Faculty

Description

In choosing a pathway, counsel faces recurring problems that may drive the result for the client. Common roadblocks include the one-year filing rule and exceptions, firm resettlement, and credibility and corroboration. Practitioners must address language-access and interpreter challenges and employ trauma-informed preparation to avoid inconsistencies that undermine the claim. Post-grant adjustment presents additional risks and decisions to be made. Asylee applicants must satisfy eligibility, counter potential inadmissibility, and understand the nuances of interview-waiver criteria and the one-year physical-presence requirement.

Listen as the panel delves into strategy and decision-making for forum selection, interview preparation, and adjustment strategy. Counsel will learn to anticipate obstacles, cure weaknesses in the record, and guide clients from asylum through permanent residence.

Outline

I. Introduction: statutory framework and definitions

II. Procedural options

A. Affirmative asylum, defensive asylum, asylum merits interview after credible fear

III. Substantive eligibility and bars

A. Nexus to protected ground

B. Past persecution/well-founded fear

C. Statutory bars, timing, filing exceptions

IV. Interview preparation and advocacy

A. Client preparation: credibility and consistency

B. Language access/interpreters

C. Trauma-informed practice

D. Documentation and timelines

V. Post-grant: benefits, derivatives, and work authorization

VI. Adjustment to LPR for asylees, risk and consequences (Matter of NAI)

VII. Practitioner takeaways

Benefits

The panel will review these and other important topics:

  • Understanding and differentiating the asylum pathways
  • Aligning preparation according to pathway
  • Applying eligibility elements and bars
  • Implementing interview best practices, including interpreter obligations and trauma‑informed approaches
  • Advising on post‑grant steps
  • Preparing and filing asylee adjustments
  • Mitigate risks, including the effect of Matter of N‑A‑I- and related case law