Defensive Asylum
If you are facing deportation proceedings, we know that fear and uncertainty can be overwhelming. Maybe you received a notice to appear in court, or you have already had your first hearing. The important thing now is that you know that there are still options to protect yourself.
Defensive asylum is one of them. It is a legal tool that can help you stay in the United States if your life would be in danger when you return to your country. Here we explain with clarity and empathy what this type of asylum consists of, who can apply for it, how it affects your process, and why having a team of expert lawyers can make a difference.
What does the defensive asylum process consist of?
Defensive asylum is a way to protect you when the government has already started deportation proceedings against you. That is, you do not request it voluntarily at first, but you ask for it as a form of defense to be able to stay in the United States.
This type of asylum is filed directly in immigration court in front of a judge. The goal is to show that if you return to your country, you are in real danger because of your race, religion, nationality, political opinions, or membership in a particular social group.
How is it carried out?
The U.S. defensive asylum process includes several important steps:
- You receive a Notice to Appear.
- A preliminary hearing is held with an immigration judge.
- You present your case with evidence, witnesses, and legal arguments.
- The government can also present its version.
- The judge makes a decision at the end of the process.
During this process, you can apply for a work permit if your case is pending and you meet certain requirements. That is why it is common to hear the term defensive asylum and work permit, as many people apply for it at the same time.
It is a complex legal path, but possible. And while it may take time, it can also give you the opportunity to rebuild your life in a safe place. Here at Lorenzo Law Group/Immigration Attorneys, we understand how difficult it is to go through this. We offer an award-winning service committed to helping you face the process with legal expertise and human vision.
Who can obtain this status?
Defensive asylum in the United States is not available to everyone. Only those who are already in the middle of deportation proceedings can apply for it. This means that the government is already asking you to leave the country, but you have strong reasons to stay.
You can apply for this type of asylum if:
- You are afraid to return to your country because you could be persecuted.
- That fear is based on reasons such as:
- Your race or nationality.
- Your religion.
- Your political opinions.
- Belonging to a specific social group (e.g., members of the LGBTQ+ community, victims of domestic violence, among others).
In addition:
- You must not have certain felonies on your record.
- You have to prove that your fear is real and that there is evidence to back it up.
- It is important that you have not committed fraud or serious immigration violations that make you ineligible.
Remember that each case is unique. What matters is being able to show the judge that your life would be in danger if you were returned. At Lorenzo Law Group/Immigration Lawyers, we help you build that argument and accompany you throughout the process.
Does this Asylum stop my Deportation Proceedings?
Yes, applying for defensive asylum can help you temporarily halt your deportation proceedings. It’s a way of telling the immigration judge, “I’m afraid to go back to my country and I need protection.”
When you file your defensive asylum application in court, the deportation process is not immediately canceled, but it is paused while your case is reviewed. During this time, the judge listens to your reasons and discusses whether you have the right to stay in the United States.
While your case is pending:
- You cannot be deported without a decision having been made.
- You can apply for a work permit, if it's been more than 150 days since you submitted your application and you meet the requirements.
- You have the opportunity to gather evidence, witnesses, and prepare well for your hearing.
It is important to know that this type of asylum does not guarantee a positive outcome, but it does give you the possibility to defend your right to stay.
On our team, we understand how stressful it is to be in this process. That is why we accompany you step by step, so that you do not face the court alone and have the best possible defense.
Defensive Asylum and Work Permit
One of the most common questions we get is, “Can I work while I wait for my defensive asylum case?” The answer is yes, but you have to comply with certain steps and times.
After you file your defensive asylum application in court, you must wait 150 days (approximately 5 months) before you can submit your work permit application.
But be careful: the counting of those days can stop if you miss an appointment, do not deliver documents on time, or if the judge considers that you are delaying the process. That is why it is very important to have legal advice from the beginning.
Once you submit the application, it may take an additional 30 to 90 days for the government to give you a response. That is, in total, you could wait between 6 to 8 months from the time you started your case to have the permit in hand.
During this time:
- You cannot work legally until your permit is approved.
- We know that this wait can be very difficult, especially if you have to provide for your family.
- That’s why, at Lorenzo Law Group/Immigration Lawyers, we do everything we can to get your application complete, error-free, and processed as quickly as possible.
Having your work permit allows you to:
- Get a legal job.
- Obtain a social security number.
- Start building a stable life while you wait for the decision of your case.
Can I Petition for my Family with Defensive Asylum Status?
This is a very important question, especially if you are fighting to stay in the United States to protect your life and the lives of your loved ones.
First, it’s important to clarify something: Defensive asylum does not allow you to directly petition your family while your case is still open and has not been approved. That is, while you are in process, you cannot legally bring your spouse or children who are in another country.
If the judge approves your defensive asylum in court, then:
- You can petition for your spouse and unmarried children under 21.
- You must do so within the first year after your status is approved.
- The process is done through Form I-730.
This step allows your family members to obtain protection in the United States, even if they have not been with you during the deportation process.
Can I access Citizenship after having Defensive Asylum in the United States?
Yes, it is possible. Although not an immediate process, defensive asylum can be the first step on your path to citizenship. Once the judge approves your defensive asylum, you can begin to build a legal future in the country.
The steps you need to follow are:
- Wait one year from the date you were approved for asylum.
- After that year, you can apply for permanent residency (Green Card).
- Once you obtain residency, you must wait 5 years to be able to apply for U.S. citizenship.
What You Can't Do with Defensive Asylum Status
Having approved defensive asylum protects you, but it also has important limits. It is essential that you know them so as not to put your status at risk.
While you have asylee status:
- You cannot return to your home country. If you do, the government may assume that you are no longer in danger and could lose your protection.
- You can’t ask for certain family members immediately. You can only petition for your spouse and minor and unmarried children.
- You cannot leave the country with just any passport. You will need a special travel document (Refugee Travel Document). Using your country’s passport can be risky.
- You don’t have the same rights as a resident or citizen, yet. Although you can work and live in the U.S., there are still legal limitations.
Respecting these rules is key to maintaining your status and moving toward residency and, in the future, citizenship.
Defensive Asylum in Court: The Difference a Skilled Attorney Will Make in Your Case
Facing deportation proceedings can be one of the most difficult experiences of your life. We know this because we have walked alongside many families who have gone through the same thing.
When it comes to a defensive asylum case in court, the difference between staying in the United States or being deported may be in whether or not you have an experienced attorney by your side.
At Lorenzo Law Group/Immigration Attorneys, we are not just immigration attorneys. We are a team that knows how to handle:
- Complicated Cases with Immigration or Criminal Records.
- Defensive Asylum applications for violence, political persecution, sexual orientation, or membership in a vulnerable social group.
- Cases in which other firms no longer see a solution.
Our goal is to protect your right to remain in the United States and help you build a future with stability and security.
Lorenzo Law Group / Immigration Lawyers: Hispanics Helping Hispanics!
Facing a defensive asylum case in the United States is not easy, but you don’t have to do it alone. With the right legal support, you can defend your right to stay in this country, protect your family, and start a new life with hope. At Lorenzo Law Group/Immigration Lawyers, we are here to listen, guide and represent you with commitment and humanity. Your story matters. Your safety too. Contact us today. We’re ready to help.
