Seeking Protection from Harm in your Home Country
When a person is in removal proceedings, either because they came without inspection and were processed by CBP, or because their affirmative asylum application was referred to the Immigration Court, they may be eligible to file a defensive asylum application.
Asylum is a status available to those who meet the definition of a “refugee” according to the 1951 Refugee Convention. In other words, those who are afraid to return to their home country because they fear will suffer persecution on account of their race, religion, nationality, political opinion, or membership in a particular social group.
Each of these requirements have a specific meaning under U.S. asylum law, and successfully arguing a claim for asylum requires an intricate understanding of each. That is why it is important to consult with an attorney if you are thinking about pursuing a claim for asylum.
When you apply for asylum defensively, you are provided with the opportunity to argue your case before an Immigration Judge. In this situation, your case is more like a trial that you see on TV, with a judge, witnesses, evidence exhibits, and attorneys for both sides. Due to the backlog of the Immigration Courts, this process can take many years to complete.
Seeking asylum is available to anyone, regardless of how you entered the country. Generally, you must apply for asylum within one year of your entry, however, certain exceptions to this rule may apply. If you win your case, you will be eligible for lawful permanent resident status (Green Card) after one year. In some cases, you may also be eligible to receive a work permit while the asylum is pending.
However, it is important that you do not file an asylum application without merit, as a judge may decide that you barred from obtaining future relief under immigration law because of a frivolous filing.