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What Is Defensive Asylum?
Defensive asylum occurs when an individual applies for asylum while in removal proceedings before an Immigration Judge.
In this situation, the asylum application is filed with the Immigration Court and the Office of Chief Counsel (OCC)as part of the individual’s defense against removal from the United States.
The court will review the asylum application and determine the outcome during immigration court proceedings.
Who May Apply?
Individuals may apply for defensive asylum if they:
• Are currently in removal proceedings before Immigration Court
• Fear returning to their home country due to persecution or fear of persecution
Each case is unique and eligibility may depend on several factors.
If you are unsure whether this process applies to your situation, you may wish to review your case with a licensed immigration attorney.
How We Help
Our office assists with:
• Preparing Form I-589 (Asylum Application)
• Assisting the applicant in drafting their personal declaration based on the information they provide
• Organizing supporting documentation
• Preparing the asylum packet for submission
The declaration is written based on the information provided by the applicant and reflects the applicant’s personal account.
For defensive asylum cases, we assist with preparing and sending the asylum application to the Immigration Court and the Office of Chief Counsel (OCC).
Please note that our office does not represent clients in court. We are immigration document preparers and not attorneys.
Ready to Start Your Process?
This service requires an initial consultation before beginning the preparation process.
During the consultation we will:
• Review your situation
• Provide general information about the immigration process
• Explain how our office may assist with preparing your case
To schedule your consultation, please visit our Book a Consultation page:
The consultation fee is $5 for a 30-minute session.
Please note that our office is not a law firm, and the consultation is for informational purposes only and does not include legal advice.
