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Defensive Process Breakdown

For asylum seekers who have faced challenges in their immigration journey, the defensive process offers a pathway to pursue protection in the United States during removal proceedings in immigration court. At our law firm, we understand the complexities of the defensive process and the intricacies of immigration court proceedings and are here to provide guidance and support to individuals navigating this crucial stage of their asylum case.

Understanding the Defensive Process

The defensive process is available to asylum seekers who have placed in removal proceedings by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). Unlike the affirmative process, which occurs outside of immigration court through a petition submitted to USCIS, the defensive process takes place within immigration courts.

During a defensive asylum hearing, an immigration judge will hear arguments from the asylum seeker and their attorney, if representation has been secured, as well as from the US government’s attorney. The immigration judge will assess the case to determine eligibility for asylum. If deemed eligible, the applicant will be granted asylum. If found ineligible, the judge may consider whether the individual qualifies for any other forms of relief from removal. Both the applicant and the US government have the right to appeal the immigration judge’s decisions.

Who Qualifies for the Defensive Process?

You may be eligible for the defensive process if:

  • You have been placed in removal proceedings by USCIS after being denied asylum in the affirmative process.
  • You have been placed in removal proceedings by ICE or CBP for immigration violations.
  • You were subject to expedited removal, found to have a credible fear of persecution or torture, and issued a Notice to Appear.

If you were referred to the Executive Office for Immigration Review (EOIR) by USCIS, your asylum application on file with USCIS will carry over to the immigration judge, provided it was not abandoned or dismissed. If you do not have an asylum application on file with USCIS, you must submit a Form I-589 to the immigration judge if you wish to apply for asylum while in removal proceedings.

How We Can Help

At our law firm, we have extensive experience representing asylum seekers in the defensive process. Our compassionate and knowledgeable legal team is committed to advocating for your rights and ensuring that your case receives the attention it deserves. From preparing compelling arguments to navigating the complexities of immigration court, we are here to guide you every step of the way.

If you find yourself facing removal proceedings or have been denied asylum in the affirmative process, don’t hesitate to reach out to us. We are here to provide the support and representation you need to pursue protection and build a brighter future in the United States.

Remember, the defensive process may present challenges, but with the right legal representation, you can effectively assert your rights and seek asylum in the United States. Contact Jeelani Law Firm today. We are here to help!

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.