Defensive asylum is an asylum application filed as a defense against deportation in immigration court. Unlike affirmative asylum cases filed with USCIS, defensive asylum cases are decided by an immigration judge during removal proceedings.

Individuals often apply for defensive asylum after:

• Being placed in immigration court by DHS
• Receiving a Notice to Appear (NTA)
• Being referred to immigration court after a USCIS asylum denial
• Being detained by ICE

A successful asylum case can allow you to remain legally in the United States and eventually apply for a green card.

You may qualify for asylum if you have suffered persecution or fear future persecution in your home country because of your:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

Our firm handles a wide range of asylum claims, including cases involving:

• Political persecution
• Religious persecution
• LGBTQ persecution
• Domestic violence and gender-based claims
• Gang violence and organized crime
• Family-based persecution
• Forced marriage
• Female Genital Mutilation
• Ethnic persecution

Every asylum case is unique and requires detailed legal preparation and supporting evidence.

At the New York Immigration Center, we thoroughly prepare every aspect of your case, including:

• Detailed asylum declarations and personal statements
• Country condition evidence and human rights reports
• Witness affidavits
• Medical and psychological evaluations when appropriate
• Immigration court hearing preparation
• Cross-examination preparation
• Legal briefing and argument before the immigration judge

Our attorneys work to present compelling and well-documented asylum cases designed to maximize your chances of approval.

Defensive asylum cases are heard before an immigration judge in immigration court. During the process, the government attorney from DHS may challenge your claim, and the judge will evaluate your testimony, evidence, and credibility.

We represent asylum applicants throughout every stage of immigration court proceedings, including:

• Master Calendar Hearings
• Individual Hearings (Merits Hearings)
• Appeals to the Board of Immigration Appeals (BIA)
• Motions to Reopen denied asylum cases