Each year, people from across the world come to the United States with the hope of receiving asylum protections. The asylum system is designed to shelter those who live in fear of persecution in their home country. While many people apply for this status as soon as they enter the country, some do not. Those who are eligible for asylum and do not apply might find themselves facing removal from the country.
When you have been served notice of a potential removal from the U.S., you have some options for defending yourself with the help of a dedicated deportation defense attorney. Your lawyer could answer questions about using asylum as a defense in Oak Brook deportation proceedings.
Many people file their asylum petition as soon as they enter the country. This process, known as affirmative asylum, can occur as soon as an individual enters the country. The other option—known as defensive asylum—involves pursuing this status after deportation proceedings have begun.
This process plays out in immigration courts. Typically, an immigration judge will review the facts of the case to determine whether removal from the U.S. is appropriate. When an immigrant believes he or she is eligible for asylum, he or she can raise the issue as a defense. The court will determine eligibility, which can lead to the cancellation of deportation proceedings. An immigrant whose motion is granted will not only secure protection from removal but also obtain legal immigrant status.
This approach is also available for anyone facing removal after having their initial application denied by United States Citizenship and Immigration Services. Often, these efforts are successful on the second attempt.
Often, defensive asylum is necessary in deportation proceedings when an immigrant in Oak Brook applies for protection as soon as they enter the country, but they lack some of the necessary documents. This defensive approach gives them an opportunity to remain in the U.S. and avoid the persecution they face in their country of origin.
There are strict requirements for asylum eligibility, and many people coming to this country will not qualify. The primary purpose of this program is to protect non-citizens from being persecuted based on certain protected classes. Anyone applying must establish that they face a likelihood of persecution based on one of the following factors:
One complex part of the asylum program is that applicants can only apply from within the U.S. This can lead to confusion, given that not everyone comes to this country through a port of entry. An immigrant has up to one year to apply for this status, making it possible for them to be misidentified as entering the country unlawfully. These situations are where using defensive asylum in Oak Brook deportation proceedings are most common.
When you or a loved one are facing the threat of removal from this country, it may be possible to use asylum as a defense in Oak Brook deportation proceedings. This process is complex, and an attorney could help you avoid critical errors along the way. Call right away for a private consultation.
