Defensive Asylum (in Court)

Oakland Asylum Lawyers Representing Clients across the Bay Area

Asylum is legal protection for those who can prove they face persecution based on their nationality, race, political opinion, religion, or involvement in a social group. If someone is presenting their immigration case to the court, it is considered affirmative asylum. Should deportation proceedings begin and the asylum seeker be put in front of an immigration judge to present their case, they are undergoing defensive asylum.

When your right to live and work in the United States is under threat, it is not advisable to represent yourself in court. The Oakland asylum attorneys at Landerholm Immigration, A.P.C have extensive experience providing evidence of persecution based on a protected status, and we can fight on your behalf in court. Asylum law is constantly evolving, and our firm makes it a priority to remain informed about changes in the field.

Applying for Defensive Asylum

Defensive asylum proceedings can move forward if affirmative asylum is denied or if the immigrant is placed into custody by legal officers. The asylum seeker will present their case in front of an immigration judge who decides asylum eligibility. Should asylum be denied again, there is a 30-day window to appeal the court’s decision.

An appeal for an asylum denial may be granted for:

• Changed circumstances in the home country
• Extraordinary circumstances that prevented an asylum application
• Status as a minor

Defensive asylum applications involve the same forms as affirmative asylum applications but are submitted directly to the immigration court judge. If the defensive asylum application is accepted, a hearing will be scheduled. It is important to work with an immigration lawyer to compile evidence, witness statements, and expert testimony, as well as to prepare for the interview.

Attorneys Dedicated to Immigration Law

At Landerholm Immigration, A.P.C, we are committed to putting our clients’ needs first. We understand how stressful the immigration process can be. The more guidance our Oakland asylum attorneys can provide, the better we can help you pursue your immigration goals. Our firm is dedicated to immigration law, allowing us to offer exceptional services to our clients. No matter how complicated your situation, we are prepared to strongly advocate for you.