When facing deportation, it may feel as though your entire future is at risk. In addition, returning to your home country after fleeing violence or persecution can be incredibly dangerous.
Fortunately, the U.S. offers what is referred to as defensive asylum to protect those unable to safely return to their country after removal from the U.S. A Palm Bay defensive asylum lawyer can help you share your story, prepare your application, and protect your life in the U.S. Contact Jag Law, PLLC today to schedule a consultation with an experienced asylum attorney.
Defensive asylum acts as a defense against removal proceedings. The application requires you to show that you have faced persecution or have a well-founded fear of persecution should you be deported back to your home country. Under 8 U.S. Code § 1158(b)(1)(B), this persecution must be based on a protected characteristic, such as:
Both of these elements must be proven with your testimony and supporting evidence.
Because of the legal standards involved and evidence required, working with an attorney can ensure your case is presented as effectively as possible. This is especially important because a denial of your defensive asylum claim could result in immediate removal orders. If you are in this situation, know that you do not have to go through it alone.
Your defensive asylum case begins as soon as you receive a Notice to Appear in immigration court. It is completely normal to feel anxious or confused at this stage, but there are a few key steps your case will most likely follow.
Your first court appearance is called the master calendar hearing. This is where you will confirm your information and let the judge know your intention to apply for asylum. You will then fill out your asylum application, also known as Form I-589, and explain your situation alongside supporting evidence.
Your main court date will be your individual hearing, where you must share your story and provide documents. The judge will decide whether or not to grant you asylum. Because evidence is extremely important in asylum cases, consider utilizing witness statements, medical reports, country condition research, or any other documentation that shows why you cannot safely return home.
Navigating a defensive asylum case can be complicated, but a proactive attorney from Jag Law, PLLC can provide you with the guidance you deserve. A Palm Bay defensive asylum attorney can keep your claim organized and craft a strong case to keep you in the U.S.
Your lawyer can help collect evidence, draft documents, prepare you for court hearings, and explore all possible options for protection, such as withholding of removal or protection under the Convention Against Torture (CAT).
At Jag Law, we believe everyone deserves the chance to live without fear. We are here to listen and stand by your side through every hearing and filing. Reach out to one of our attorneys today to discuss your case and find out how we can help protect your future.
