What is Defensive Asylum?
If you are considering seeking asylum in the United States, it is important to understand what defensive asylum is and how it can help protect you from deportation. Defensive asylum is a type of protection that can be granted to immigrants who have been persecuted or fear persecution due to their race, religion, nationality, political opinion, or membership in a particular social group. If you can prove that you meet the criteria for defensive asylum, you may be able to avoid deportation and live in the United States legally. Talk to an experienced immigration attorney to learn more about whether defensive asylum could be right for you.
Defensive Asylum
Defensive asylum is a type of relief that people who are facing deportation can apply for. If you meet the eligibility requirements and are granted asylum, you will be allowed to stay in the United States.
To be eligible for defensive asylum, you must demonstrate that you have a well-founded fear of persecution on account of your race, religion, nationality, political opinion, or membership in a particular social group. You must also show that your home country is unable or unwilling to protect you from this persecution.
Applying for Defensive Asylum
If you are interested in applying for defensive asylum, there are a few things you should keep in mind. First, it is important to remember that the application process can be lengthy and complicated. It is best to seek out an experienced attorney who can help you navigate the process and increase your chances of success.
It is also important to be aware of the risks involved in applying for asylum. One of the biggest risks is being detained by immigration authorities. If you are detained, you may be held in detention until your case is resolved, which could take months or even years. Additionally, if your application is denied, you may be ordered to leave the United States immediately.
Establishing Fear of Persecution
When you are seeking defensive asylum, you cannot simply request asylum without providing adequate evidence to support your claim. One of the most important components of your claim will involve your fear of persecution if returned to your home country. This fear must be legitimate and must meet certain legal standards.
Individuals seeking asylum in the United States must demonstrate that they have a well-founded fear of persecution based on one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. Establishing such fear can be difficult, as it requires providing specific and detailed evidence of past mistreatment or threats of future harm.
There are several steps that individuals can take to increase their chances of success in demonstrating a well-founded fear of persecution. You will need to keep as much detail as possible. Be as specific as possible when describing your experiences of persecution or feared persecution. Include dates, names, and places whenever possible.
You should also try to provide documentary evidence to support your claims, such as police reports, medical records, or letters from witnesses. Also be prepared to testify credibly about your experiences and explain why you believe you would be persecuted if returned to your home country. By taking these steps, you will increase your chances of convincing an immigration judge that you have a well-founded fear of persecution, a key component to a successful defensive asylum claim.
Difference Between Affirmative Asylum and Defensive Asylum
There are two types of asylum seekers in the United States: those seeking affirmative asylum and those seeking defensive asylum. Affirmative asylum seekers are individuals who proactively seek asylum by approaching U.S. officials, typically at a port of entry. Defensive asylum seekers, on the other hand, are individuals who are already in removal proceedings and request asylum as a defense against their removal.
Affirmative and defensive asylum seekers must meet the same eligibility criteria, which includes demonstrating a fear of persecution based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. Affirmative and defensive asylum seekers may have different levels of evidence to support their claims. For example, an individual seeking defensive asylum may have difficulty obtaining documentation to support their claim, while an individual seeking affirmative asylum may have access to such documentation.
The Benefits of Having Defensive Asylum
If your application for defensive asylum is approved, you will be allowed to remain in the United States and will eventually be eligible for a green card. You will also have the right to work in the United States and will be able to access certain government benefits. Additionally, if you have been granted defensive asylum, you may eventually be able to bring your spouse and children to live in the United States as well.
The Risks of Having Defensive Asylum
There are certain risks associated with having defensive asylum, such as the possibility of being detained by immigration authorities or being deported if your application is denied. Additionally, if you are granted defensive asylum but later travel outside of the United States, you may not be allowed back into the country. Therefore, it is important to speak with an attorney before applying for this form of relief from deportation.
Getting Help with Your Application for Defensive Asylum
If you are facing deportation and would like to apply for defensive asylum, it is important to seek the help of an experienced immigration attorney. An attorney can ensure that your application is complete and error-free and can help prepare you for your interview with USCIS.
The Philadelphia Immigration Lawyers at Surin & Griffin, P.C. Helps You Address Challenging Situations
The threat of deportation can be utterly terrifying. But there are steps you can take to protect your rights. Speak with the experienced Philadelphia immigration lawyers at Surin & Griffin, P.C. Contact us today at 215-925-4435 or contact us online to schedule your consultation with our experienced immigration legal team. With offices in Philadelphia, we proudly serve clients in Philadelphia, as well as across the country.
