San Francisco Defensive Asylum Attorneys

Defensive Asylum for Immigrants Apprehended at the Border

During deportation proceedings, immigrants may have a number of options for defense. One of the most powerful of these defenses is the ability to receive asylum protections, which may be granted if a person has a well-founded fear of persecution in their home country. While immigrants can apply for affirmative asylum after entering the United States, those who are involved in deportation proceedings will need to seek defensive asylum.

The attorneys of Hafey & Karim can provide effective legal representation in these cases, helping immigrants demonstrate that they are eligible for asylum and working to ensure that they will be able to stay in the U.S. We have guided many clients through the complex and intricate procedures involved in asylum cases, and we have achieved success in many cases, including providing assistance to people from Haryana and Punjab, India.

When an Immigrant May Be Placed in Defensive Asylum Processing

Defensive asylum processing occurs when an immigrant requests asylum as a defense against deportation. This typically happens in the following scenarios:

• Referral from USCIS: If an asylum officer determines that an applicant is not eligible for affirmative asylum, the case may be referred to an immigration judge for defensive asylum processing.
• Apprehension at the border: Immigrants who are apprehended by U.S. Customs and Border Protection (CBP) and do not have documentation granting them permission to enter or remain in the United States may be placed in removal proceedings, and they may seek defensive asylum as a means to prevent deportation.
• Violation of immigration laws: Immigrants may be detained by Immigration and Customs Enforcement (ICE) because they have allegedly violated their immigration status, such as by remaining in the U.S. after the expiration of a temporary visa. In these cases, immigrants may be able to apply for defensive asylum as a defense against deportation.

Procedures During Defensive Asylum Cases

Immigrants who are apprehended at the U.S. border by CBP may be placed in defensive asylum proceedings if they state that they fear that they will suffer persecution or torture after being returned to their home countries. In these situations, a person will be referred to U.S. Citizenship and Immigration Services (USCIS) for a credible fear screening. A USCIS asylum officer will conduct an interview to determine whether the person has valid reasons to fear that they or their family will suffer harm. USCIS may then conduct an Asylum Merits interview to determine whether asylum should be granted, or it may issue a Notice to Appear in immigration court.

When appearing before an immigration judge, a person may submit Form I-589 to apply for asylum. The judge will review the information presented and any relevant evidence or testimony to determine whether the person is eligible for asylum. They may grant asylum, determine whether other forms of relief may be available, or order the person to be deported.

Other Options That May Be Available in Defensive Asylum Cases

Immigrants facing deportation may seek other forms of relief, including:

• Withholding of Removal: This option is similar to asylum but has different eligibility requirements and benefits. An immigrant must demonstrate that it is more likely than not that they would face persecution if returned to their home country. Withholding of removal does not provide a path to permanent residency or citizenship, but it will allow a person to continue living in the United States indefinitely and receive authorization to work.
• Cancellation of Removal: This form of relief may be available to certain immigrants in removal proceedings. A Green Card holder must demonstrate continuous residence in the U.S. for at least seven years and five years as a lawful permanent resident, as long as they do not have any convictions for aggravated felonies. People without permanent resident status may qualify if they have maintained a physical presence in the United States for 10 years, can demonstrate that they have good moral character, and have a family member who would experience significant hardship if they were deported. If Cancellation of Removal is granted, a person may be granted relief from deportation, and non-permanent residents may be eligible for Green Cards.

Contact Our San Francisco, CA and Dallas, TX Defensive Asylum Attorneys

Facing deportation can be a frightening and overwhelming experience. The attorneys at Hafey & Karim are committed to helping immigrants navigate the defensive asylum process and receive relief from deportation through options such as Withholding of Removal or Cancellation of Removal. Schedule your initial consultation and get help with issues related to asylum by contacting us online.