Defensive Asylum

Asylum as a Defense Against Removal from the U.S.

When foreign nationals flee to the United States from their own countries due to persecution that places them in serious danger, they are often able to obtain asylum in the U.S. This allows the foreign national to legally stay in the United States and eventually apply for a green card. One form of asylum is referred to as "defensive asylum." This occurs when a foreign national is currently facing removal proceedings and applies for asylum as a defense against removal. According to U.S. Citizenship and Immigration Services (USCIS), a person may be placed in defensive asylum proceedings in one of the following situations:

  1. The foreign national was caught at a U.S. port of entry or elsewhere in the United States without sufficient legal documentation, or with immigration status violations.
  2. The foreign national was caught trying to illegally enter the U.S. without sufficient documentation, was subjected to an expedited removal process, and showed that he or she had a credible fear of being tortured or persecuted by the asylum officer.

The foreign national was deemed ineligible for asylum through the traditional process (the affirmative asylum process), and USCIS referred the case to an immigration judge. In defensive asylum cases, the case must be heard before a judge. Both the foreign national's lawyer and a lawyer for the U.S. Government must present their arguments before the judge, who decides whether or not to grant asylum. If asylum is not an option, the judge may allow for another type of deportation/removal relief. Those who lose their defensive asylum cases and who are also unable to obtain any other form of relief are deported from the U.S.

Get Help from a Virginia immigration attorney!

Are you trying to secure asylum protection in the United States through defensive asylum proceedings? If so, it is crucial that you retain the services of a qualified immigration attorney. A Virginia immigration lawyer from our firm, Fayad Law, P.C., can help you ensure that your case is effectively argued before the judge and that all other aspects of your immigration-related matter are being properly handled. Without the right legal representation, you could run a much higher risk of being deported from the U.S. and forced to return to the threatening situation that you were previously facing in your home country. Contact Fayad Law as soon as possible so we can provide you with the counsel you need!