If you are in the U.S. and facing deportation while fearing persecution in your home country, you can still seek protection through defensive asylum. Defensive asylum is a process used by individuals who are already in removal proceedings and need to defend their right to remain in the U.S. To begin, you must submit Form I-589 to the immigration court, providing evidence to support your claim. This evidence could include personal statements, news articles, or other documents that demonstrate why you fear persecution based on your race, religion, nationality, political opinion, or membership in a particular social group.

If you have a scheduled hearing, it is critical to attend. Missing your hearing can result in deportation. If you missed a hearing, you must file a motion to reopen the case, explaining the reasons for your absence. During the hearing, an immigration judge will ask detailed questions to assess the credibility of your asylum claim. Proper preparation with the help of an experienced attorney is vital, as this hearing will determine whether you can remain in the U.S. While waiting for a decision, you may apply for a work permit after 150 days from the filing of your asylum application, allowing you to work legally during the process.

If the immigration judge grants asylum, you will be allowed to live and work in the U.S. As an asylee, you can apply for a green card one year after receiving asylum by filing Form I-485. However, if your asylum claim is denied, you may be ordered to leave the country. In such cases, you have the option to appeal the decision to a higher court.