Defensive Asylum
What is Defensive Asylum in the United States?
A defensive asylum is a form of protection that allows people who face persecution in their home countries to remain in the United States. This type of asylum is applied for when a person is in removal proceedings and needs to present a defense before an immigration judge.
How and when to apply for defensive asylum?
Defensive asylum is applied for when a person is already in removal proceedings. This can happen in the following ways:
- After being stopped at the border: If a person applies for asylum at a port of entry and is not immediately admitted, he or she may be placed in removal proceedings.
- Violation of immigration laws: Those who are in the U.S. and are found to be without legal status may be placed in removal proceedings.
- After being denied affirmative asylum: If an application for affirmative asylum is denied, the case is referred to an immigration judge where defensive asylum can be applied for.
Benefits of Defensive Asylum
The benefits of defensive asylum include:
- Permission to remain in the United States: The beneficiary can live in the country legally.
- Eligibility for a work permit: Allows the applicant to work while his or her case is being processed.
- Access to certain social services: Asylees may have access to public assistance programs.
- Eligibility to apply for residency: After 1 year, the asylee can apply for permanent residency (green card).
Defensive asylum application process
The defensive asylum application process involves several steps:
- Notice to Appear: Receiving a Notice to Appear (NTA), which initiates removal proceedings.
- Master Calendar Hearing: The initial hearing before the Immigration Judge where the charges are presented and the case schedule is set.
- Merits Hearing: Hearing at which the applicant presents his or her case and evidence to the judge. Witnesses and documents supporting the asylum claim may be presented.
- Judge’s Decision: The judge makes a decision based on the evidence presented. If asylum is granted, the applicant may remain in the United States. If asylum is denied, the decision may be appealed.
Cases Where Defensive Asylum Applies
Defensive asylum applies in situations where the applicant faces:
- Persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
- Situations of violence or threats by government agencies or groups that the government is unable or unwilling to control.
Frequently Asked Questions
How long do I have to apply for asylum after entering the United States?
You must apply for asylum before you have been in the U.S. for one year.
If I apply for asylum, can I go back to my country?
You cannot return, since it is assumed that if you ask for asylum it is because you fear returning to your country due to persecution or danger of death.
When can I apply for asylum?
When being in the United States, you request protection from the U.S. government because you fear returning to your country due to persecution and possible aggression, for reasons of race, religion, nationality, political opinion or because you belong to a particular social group.
Why do people apply for political asylum?
For fear of returning to the country of origin due to political persecution, race, religion, nationality, or belonging to a particular social group.
When does political asylum end in the United States?
There is no known date as it depends on the immigration policies of each government. It is currently in effect.
What happens when a person applies for asylum in the United States?
They receive a legal immigration status that allows them to develop their daily life in this country and begin the process of permanent residency and citizenship.
What is Defensive Asylum in the United States?
El asilo defensivo es una protección que permite a personas que enfrentan persecución en su país de origen permanecer en Estados Unidos. Este tipo de asilo se solicita cuando una persona se encuentra en un proceso de deportación y necesita presentar una defensa ante un juez de inmigración.
How and when to apply for defensive asylum?
Defensive asylum is applied for when a person is already in removal proceedings. This can happen in the following ways:
- After being stopped at the border: If a person applies for asylum at a port of entry and is not immediately admitted, he or she may be placed in removal proceedings.
- Violation of immigration laws: Those who are in the U.S. and are found to be without legal status may be placed in removal proceedings.
- After being denied affirmative asylum: If an application for affirmative asylum is denied, the case is referred to an immigration judge where defensive asylum can be applied for.
Benefits of Defensive Asylum
The benefits of defensive asylum include:
- Permission to remain in the United States: The beneficiary can live in the country legally.
- Eligibility for a work permit: Allows the applicant to work while his or her case is being processed.
- Access to certain social services: Asylees may have access to public assistance programs.
- Eligibility to apply for residency: After 1 year, the asylee can apply for permanent residency (green card).
Defensive asylum application process
The defensive asylum application process involves several steps:
- Notice to Appear: Receiving a Notice to Appear (NTA), which initiates removal proceedings.
- Master Calendar Hearing: The initial hearing before the Immigration Judge where the charges are presented and the case schedule is set.
- Merits Hearing: Hearing at which the applicant presents his or her case and evidence to the judge. Witnesses and documents supporting the asylum claim may be presented.
- Judge’s Decision: The judge makes a decision based on the evidence presented. If asylum is granted, the applicant may remain in the United States. If asylum is denied, the decision may be appealed.
Cases Where Defensive Asylum Applies
Defensive asylum applies in situations where the applicant faces:
- Persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
- Situations of violence or threats by government agencies or groups that the government is unable or unwilling to control.
Frequently Asked Questions
How long do I have to apply for asylum after entering the United States?
You must apply for asylum before you have been in the U.S. for one year.
If I apply for asylum, can I go back to my country?
You cannot return, since it is assumed that if you ask for asylum it is because you fear returning to your country due to persecution or danger of death.
When can I apply for asylum?
When being in the United States, you request protection from the U.S. government because you fear returning to your country due to persecution and possible aggression, for reasons of race, religion, nationality, political opinion or because you belong to a particular social group.
Why do people apply for political asylum?
For fear of returning to the country of origin due to political persecution, race, religion, nationality, or belonging to a particular social group.
When does political asylum end in the United States?
There is no known date as it depends on the immigration policies of each government. It is currently in effect.
What happens when a person applies for asylum in the United States?
They receive a legal immigration status that allows them to develop their daily life in this country and begin the process of permanent residency and citizenship.
