Protect Yourself from Deportation

If you are facing removal proceedings in the United States, you may still have a legal pathway to remain. Defensive asylum is a form of protection for individuals who are at risk of deportation and wish to request asylum as a legal defense before an immigration judge. At Yellow Law Group, we are here to defend you through this challenging process and help protect your rights.

What Is Defensive Asylum?

Defensive asylum is a type of asylum request that can only be made when removal (deportation) proceedings have already started. The application is made in immigration court, in front of a judge. If your application is approved, your removal order is canceled and you can begin the process of obtaining lawful permanent residency (a Green Card).

You may qualify for defensive asylum if you meet the following conditions:

• Fear of Persecution: You risk persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group.
• Ongoing Removal Proceedings: You are currently in immigration court facing removal.
• Credible Grounds: You have a personal story, documents, witness statements, or expert testimony to support your fear of returning.

How Does a Defensive Asylum Case Begin?

There are three main scenarios where a defensive asylum case may arise:

1. Referred Case: If USCIS denies your affirmative asylum application, your case is referred to immigration court, converting it into a defensive asylum case.
2. ICE Apprehension: If you are in the U.S. without legal status and are detained by ICE, you may request asylum as a defense.
3. Border Entry Without Documents: If you entered the U.S. without a visa or valid documents and passed a credible fear interview, your case will be referred to a judge.

What to Expect During the Defensive Asylum Process

Defensive asylum is a court-based, complex legal procedure that involves several steps:

• Form I-589: You must submit your asylum application with this form.
• Court Hearings: First, a Master Calendar Hearing (preliminary hearing), followed by a Merits Hearing (full trial).
• Evidence Submission: Include documentation of persecution, medical reports, expert opinions, and witness statements.
• Testimony and Witnesses: You must testify before the judge and may bring witnesses to support your case.

The quality and completeness of your evidence are critical. Every detail can significantly affect the outcome.

Why You Need Professional Help

This process demands more than just legal knowledge—it requires the right strategy, compelling representation, and experience. At Yellow Law Group, we:

• Prepare Your Case: We gather and organize all supporting evidence and documents.
• Represent You in Court: We present your case persuasively and bring in expert witnesses if needed.
• Guide You Throughout: We keep you informed and confident at every stage of the process.

Act Quickly If You’re Facing Deportation

Time is crucial. If you’re in removal proceedings, you must act fast to protect your rights. With the right legal defense, you may still qualify for asylum and stay in the United States.

Yellow Law Group is committed to helping you remain in the U.S. and build a safer, more stable future. Reach out to us today—we’re here to stand by your side.