Defensive Asylum
Defending Your Right to Remain in the United States
If you are currently in removal (deportation) proceedings and fear returning to your home country because of your race, religion, nationality, political opinion, or membership in a particular social group, you may be able to raise asylum as a defense before the Immigration Court.
At Ali & Associates, we understand that facing removal proceedings is one of the most stressful experiences you will ever go through. Our attorneys provide compassionate, aggressive legal representation before the Immigration Court, helping individuals and families prepare complete, accurate, and well-supported defensive asylum applications.
Defensive asylum applies to individuals who are already in removal proceedings before the Executive Office for Immigration Review (EOIR), whether referred by USCIS, apprehended at the border, or placed in proceedings after an immigration violation. We work closely with every client to prepare strong documentation, organize supporting evidence, and confidently defend your case before the Immigration Judge.
Our attorneys assist clients with
How We Can Help With Your Defensive Asylum Case
1
Defensive asylum applications in removal proceedings
2
Eligibility evaluations for asylum relief
3
Custody and bond hearings
4
Supporting evidence collection
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Immigration Court hearing preparation
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Country condition documentation
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Derivative asylum for spouses and children
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Appeals before the Board of Immigration Appeals (BIA)
1
Initial Consultation
We review your background, immigration history, and current removal proceedings to determine the strongest defense strategy for your case.
2
Case Preparation
Our attorneys prepare your defensive asylum application, organize supporting evidence, and build a strong legal strategy for Immigration Court.
3
Immigration Court Hearing
We prepare you for your merits hearing before the Immigration Judge and ensure you understand every stage of the removal proceedings.
4
Ongoing Support
We remain available to assist with appeals, additional evidence requests, and the next steps in your case.
Why Clients Trust Us
Defending Individuals and Families Facing Removal
Personalized legal representation
Personalized removal defense strategies
Thorough court preparation
Experienced removal defense attorneys
Responsive communication
Dedicated client support
Recognition
Recognized by the organizations that matter.
Questions & Consultation
Frequently Asked Questions
What is defensive asylum?
Defensive asylum is asylum requested as a defense against removal while you are already in removal proceedings before an Immigration Judge with the Executive Office for Immigration Review (EOIR).
Who may qualify for defensive asylum?
Individuals who have suffered persecution or have a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group may qualify.
Do I have to apply within one year of arriving in the United States?
Generally, yes. Most asylum applications must be filed within one year of arrival unless an exception to the filing deadline applies.
Can my spouse and children be included?
Yes. In many situations, eligible spouses and unmarried children under the age of 21 may receive derivative asylum benefits through your application.
What happens during my Immigration Court hearing?
An Immigration Judge will review your application, hear your testimony, and consider supporting evidence regarding your claim before deciding whether to grant asylum or order removal.
How can an immigration attorney help?
An experienced attorney can prepare your application, organize supporting evidence, prepare you for your court hearing, and guide you throughout the entire removal defense process to help present the strongest case possible.