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Connecting Borders, Building Futures:
Your Immigration Journey Starts Here
Compassionate Representation
CB Immigration:
Your Trusted Partner in Immigration Law
At CB Immigration Law, we understand your trust in our firm is paramount, and we are dedicated to providing unwavering support throughout your immigration journey. We recognize the intricate nature of immigration laws and the challenges they pose. The immigration process can be complex, challenging, and cumbersome. Our experienced team is here to navigate you through the complexities of the immigration process with expertise and dedication, ensuring your peace of mind every step of the way.
DEFENSIVE ASYLUM
What is Asylum?
Asylum is a form of protection granted by a country to individuals who have fled their home country due to persecution or a well-founded fear of persecution. There are two types of asylum: Defensive and Affirmative, depending on whether the individual is in immigration proceedings.
What is Defensive Asylum?
Defensive asylum typically refers to the legal process through which an individual seeks protection from deportation by applying for asylum as a defense against removal from a country. Individuals who are immigration proceedings will submit a Defensive Asylum.
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This application is made to the immigration authorities as a way to prevent deportation and seek legal status in the country. The application is filed with the Immigration Court instead of USCIS.
Do I File Defensive Asylum If Notice to Appear Was Issued, but Not Filed with Court?
In the event a Notice to Appear (NTA) was issued, but the Notice has not been filed with the Immigration Court, then the asylum application will need to be submitted to USCIS. The application packet will be marked as Defensive Asylum and will be sent to the address for Defensive Asylum applications. When the NTA is filed with the Immigration Court, the application will be forwarded to the appropriate Immigration Court.
How Do I Qualify for Asylum?
In order to qualify for asylum, an individual meet certain criteria. Asylum to individuals who have fled their home country due to persecution or a well-founded fear of persecution based on:
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race
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religion
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nationality
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membership in a particular social group
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political opinion
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This protection is typically granted to those who are unable or unwilling to return to their home country because of the fear of persecution.
How Long Do I Have to Apply for Asylum?
Asylum seekers MUST file their asylum applications within one year of arriving in the United States. In rare situations, applicants may file an asylum application after the one-year deadline if the applicant is able to prove extraordinary circumstances barred you from applying.
Can I Get Employment Authorization During the Asylum Process?
You can apply for an Employment Authorization Document (EAD), also known as a work permit, during the asylum process in the United States. As an asylum applicant, you may be eligible to apply for an EAD if certain conditions are met. Applicants in the Defensive Asylum process can apply for an EAD once application has been filed for at least 180 days and the "clock" has not been stopped due to delays
The Defensive Asylum Process
Pre-Hearing
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Prepare Asylum Application
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To start the asylum process, individuals will need to prepare Form I-589. In addition to completing the form, individuals should focus on gathering evidence to submit with the application.
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Evidence should support the asylum claim. This may include personal statements detailing personal experiences of persecution, affidavits from witnesses, medical reports documenting any injuries or trauma, news articles or reports about the human rights situation in individual's home country, and any other relevant documents that corroborate the asylum claim.
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File Asylum Application
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To apply for affirmative asylum, individuals must generally submit Form I-589, Application for Asylum and for Withholding of Removal, within one year of their arrival in the United States. They may also include their spouse and children who are in the United States on their application.
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Biometrics Appointment
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Biometric appointments are commonly required in various immigration processes, including asylum applications.
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During a biometric appointment, the applicant typically visits a designated location, such as a government office or an authorized service center, where trained personnel collect the necessary biometric data. USCIS collects the applicant's fingerprints, photograph, and signature. This information is then used by immigration authorities to verify the applicant's identity, conduct background checks, and process their application.
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Individual Hearing
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An individual hearing, also known as a removal hearing or deportation hearing, is a legal proceeding held before an immigration judge to determine whether an individual should be allowed to remain in a country or should be removed (deported) to their home country or another country.
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During an individual hearing, the immigration judge listens to the arguments and evidence presented by both the individual facing removal and the government's attorney. The individual has the opportunity to present their case, including any defenses they may have against removal, such as asylum claims, requests for relief under immigration law, or challenges to the government's evidence.
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Post-Hearing (Granted)
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During (and sometimes post-hearing) the asylum hearing, the Immigration Judge will review the applicant's case, including their testimony, supporting evidence, and any other relevant information. The Judge will then make a decision on the asylum application. If the Judge finds the applicant eligible for asylum, they will grant asylum status. The applicant will be able to apply for legal permanent residence one-year after asylum has been granted.
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Post-Hearing (Denied)
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If the application is denied, the case may be referred to immigration court for further review.
Hearing and Post-Hearing
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Connecting Borders, Building Futures:
Your Immigration Journey Starts Here
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APPOINTMENTS ARE REQUIRED
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4015 Travis Drive, Suite 212,
Nashville, Tennessee 37211
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Email: info@cbimmigrationlaw.com
Phone: 615.899.2866
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