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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.

Give us a call at (510) 756-4468 to learn how Landerholm Immigration, A.P.C can help you.

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    Our Services

    • Asylum
      • Affirmative Asylum Process
      • Race-Based Asylum
      • LGBTQ Asylum
      • Political Asylum
      • Gang-Based Asylum
      • Gender-Based Asylum
      • Humanitarian Asylum
      • Particular Social Groups
      • Credible Fear Interviews
      • Defensive Asylum (in Court)
      • Convention Against Torture Relief
    • Deportation Defense
      • 8 Ways to Defend Deportation
      • Cancellation of Removal
      • Contested Hearings
      • Immigration & Crimes
      • Locate Your Loved One
      • Withholding of Removal
      • Immigration Court
      • Detained Consultations
      • Immigration Appeals
      • Motions
      • Notices to Appear
      • Prosecutorial Discretion
    • Immigration & Detention Bond
    • Family-Based Green Card
    • DACA
    • U Visa
    • VAWA
      • Deportation Defense VAWA
      • VAWA Cancellation of Removal
    • Immigration Removal
    • Immigration Waivers
    • ICE Detention
    • Marriage-Based Adjustment of Status
    • Naturalization & Citizenship

    Testimonials

    David B.
    Oakland, CA

    Landerholm Immigration was fast and easy.
    Getting my DACA and work permit with Landerholm Immigration was fast and easy. The friendly staff was very communicative and helpful. I would definitely say Landherhom Immigration is worth it. You are (...)

     
    Familia Rivera
    Oakland, CA

    Gracias por el apoyo y seguridad en nuestro caso.
    Primeramente gracias a Landerholm Immigration por su ayuda, apoyo y seguridad. Nuestro caso era un poco especial pero no imposible, pero fue una experiencia no tan común pero lo mejor que pudim (...)

     
    Vince L.
    Oakland, CA

    He is knowledgeable of these very rare situations, and most of all, he listens!
    The best immigration lawyer I had ever meet in the past 5 years! He is knowledgeable of these very rare situations, and most of all, he listens! He will listen to (...)

     
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    Oakland Office

    • 1900 Embarcadero Suite 310
      Oakland, CA 94606
    • 510-488-1020
    • ocl@landerholmimmigration.com
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    • 2233 Watt Ave #282
      Sacramento, CA 95825
    • 510-488-1020
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    DISCLAIMER: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.