Receiving Asylum in the U.S. Through the Defensive Asylum Process

 Posted on February 20, 2022 in Immigration

Each year, thousands of asylum seekers come to the United States to seek refuge due to danger in their native country. The U.S. has traditionally been seen as a haven for those fleeing victimization. However, the process of seeking asylum is complicated. Applications are often denied by U.S. Citizenship and Immigration Services (USCIS), forcing them to go through what is known as defensive asylum processing with the Executive Office of Immigration Review.

Regardless of what immigration method is chosen when attempting to immigrate to the United States, you want to enlist the services of a dedicated immigration lawyer you can trust. Skilled legal guidance is essential in navigating the difficult and time-consuming processes and overcoming the barriers that can serve as a deterrent.

What Is the Defensive Asylum Process?

Defensive asylum processing is the last opportunity afforded to asylum seekers after USCIS has denied an initial attempt at seeking asylum. Only those who are in the midst of the removal process can seek assistance through this route.

Individuals who go through the defensive asylum process are typically in it for one of two reasons:

• They were arrested at a United States port of entry without proper documentation or for violating their immigration status; or
• They were apprehended by the U.S. Customs and Border Patrol (CBP) agents without appropriate papers and have a credible fear of persecution if they were returned to their home country.

Individuals going through this process are brought before an immigration judge and are allowed to have a lawyer represent them, who can illustrate why they need asylum. A prosecutor from Immigrations and Customs Enforcement (ICE) will likely argue that they do not qualify. The judge analyzes the facts surrounding the case and decides whether the individual qualifies for asylum. If the individual is ruled to be ineligible for asylum, the judge will likely order their removal from the United States.

Contact Our Naperville Immigration Attorneys

Going through process of requesting asylum in the United States or applying for visas or Green Cards through other means requires a skillful Illinois family immigration lawyer. If you or a loved one are seeking assistance while going through the immigration process, the compassionate and experienced attorneys at Mevorah & Giglio Law Offices are prepared to help. For immigration assistance, contact our offices today at 630-932-9100 and set up a free consultation.