Asylum may be granted to a foreign national who qualifies as a refugee. A refugee is someone who is unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution. Additionally, the applicant must demonstrate that their home government either failed to protect them or is unable or unwilling to do so.
Asylum protection may be granted based on race, religion, nationality, membership in a particular social group, or political opinion.

If the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE) has already initiated removal (deportation) proceedings in Immigration Court, the individual may be eligible to apply for defensive asylum before an Immigration Judge.
Removal proceedings can begin if a person is apprehended at the border without proper documentation or is unlawfully present in the United States. In such cases, asylum may be used as a defense against removal.
If ICE refuses to release the individual from custody, they may request the Immigration Court to re-determine their custody status.

Process of Filing a Defensive Asylum Application

• The individual must be found credible during the credible fear interview.
• Must be in removal proceedings before the Immigration Court.
• Must file the asylum application within one year of arrival in the United States, unless qualifying for an exception due to extraordinary circumstances.
• Must submit Form I-589, Application for Asylum and for Withholding of Removal, to the Immigration Court.
• Must appear before the Immigration Judge and present evidence to prove eligibility for asylum.

If you have suffered past persecution or have a well-founded fear of returning to your home country, you may be eligible to apply for defensive asylum.
Contact the Law Office of Sudeep K. Sharma at 718-536-9618 for a consultation!

If you have experienced past persecution or have a fear of returning to your home country, you may be eligible to file for defensive asylum. Please call the Law Office of Sudeep K. Sharma at 718-536-9618 for a free consultation!