There are special requirements if you missed the one year filing deadline. You really need an immigration attorney who handles asylum and deportation as you will have an individual hearing on the merits of your asylum application.
Requesting general "information for asylum because I'm in process of removal" as you put it is similar to attempting to master an F-16 fighter jet by reading a manual alone.
In my professional opinion, any asylum case requires an excellent understanding of issues, great knowledge of the applicable relief and operational use of relevant case law that would facilitate such claim.
Additionally, a late filing beyond the first twelve months period requires a very specific showing of changed circumstances. I personally do not know how one could effectively present such a case in removal pro se without an effective assistance of a competent immigration counsel.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to oneâ€™s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com
You will absolutely need to hire an attorney with experience working on defensive asylum cases. The one year rule can be overcome, but you have to prove extenuating circumstances prevented you from doing so. The requirements for this are very specific and so it is essential that you retain an attorney to represent you.
This is not something that you can handle on your own.
You need to prove you are within an exception to the one year deadline, and that you meet the requirements for asylum. If you do not have an attorney, you may wish to get one. If you have an attorney, your chances of being granted asylum are statistically far higher. If you try it on your own, it is very hard to tell you what to do except to find out what qualifies you for asylum, and get proof you meet those requirements. Learn about the laws of evidence and cross examination, and learn about the REAL ID Act and how it impacts which evidence you must present.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Do you currently have an attorney or did you have an attorney with you the first time you went to court? Have you actually filled out and filed your asylum application with the court already? Asylum cases are very tough, and nearly impossible to win on your own. I strongly encourage you to consult with an experienced immigration attorney to discuss your case in depth. I also encourage you to do so sooner rather than later, so that if you decide to hire an attorney, the attorney will have enough time to work with you and prepare your case--these types of cases take alot of work and a long time to prepare. Best of luck to you.
FOR CONSULTATION on IMMIGRATION or FAMILY LAW MATTERS Contact: Law Offices of Jennifer L. Bennett, 312.972.7969, firstname.lastname@example.org, 3806 W. Irving Park Road, Suite B, Chicago, IL 60618. The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advice specific to your situation and/or case. The statement above does not create an attorney/client relationship. Answers on Avvo are only general in nature; specific answers require knowledge of all facts.