If you are seeking protection in the United States, you may wonder if it is possible to obtain asylum in immigration court. The short answer is yes. Asylum is a legal protection available to individuals who have suffered persecution or fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group. However, the process of getting asylum through immigration court can be complex and lengthy.
Is It Possible to Obtain Asylum in Immigration Court?
Yes, it is possible to obtain asylum in immigration court. If you are in removal proceedings (facing deportation), you can apply for asylum as a defense to stay in the U.S. To qualify, you must prove to the immigration judge that you meet the requirements for asylum, which include demonstrating that you have a credible fear of persecution in your home country. If your case is strong, the judge may grant you asylum, allowing you to remain in the United States legally.
How Can I Get Asylum at Immigration Court?
To get asylum at immigration court, you will need to file an application, Form I-589, within one year of your arrival in the U.S., unless you meet certain exceptions. After filing, you will attend hearings where you must present evidence to support your claim, including documents, witness testimony, or expert opinions. Your case will be reviewed by an immigration judge who will determine whether you are eligible for asylum based on the facts and the law.
The process includes:
- Master Calendar Hearing: This is the first hearing where your case is scheduled. It’s a brief meeting, and you may be asked to file your asylum application if you haven’t done so yet.
- Individual Hearing: This is the main hearing where you present your case in detail. You will need to explain why you are afraid to return to your home country and provide any evidence that supports your claim.
An immigration attorney can guide you through these hearings and help build a strong case.
If you are in removal proceedings and are considering seeking asylum, contact J. Molina Law Firm today. Our experienced attorneys are here to help you navigate the asylum process and protect your future.
