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DEFENSIVE ASYLUM – IMMIGRATION COURT
Afraid to return to your country? You are picked up at the border and you tell the immigration officials that you are afraid to return to your country. You are put in immigration court – this is called defensive asylum.
You have one year from the date you entered the USA to file your asylum application with the court. You do not need to have a court date to file your application.
Make sure when you file your asylum application with the immigration court that you get a time stamped copy of your application. This is the date to start your asylum clock meaning that 150 days after the date on your copy of the application, you can file for work authorization as long as your case has not been completed in the immigration court.
You will be given a master hearing date to appear in immigration court. That is why it is important to keep the Immigration Court of any address changes so you can get all the notices. If you do not show up in court you will be deported in absentia. Do not lose your opportunity to have your case heard in immigration court.
At the master hearing, you will be asked questions about the Notice to Appear (NTA). It is very important that you have your NTA. You can get it from the officer at the border or the ICE officer where you report.
After that you need to tell the Immigration Court what you want to apply for which is asylum. If you have not already filed an asylum application, the Immigration Judge will give you a date by which to file the application. This is very important.
You will then get a date for an Individual Hearing. This is like a trial where you get to present your case and the government presents its case.
Remember that anything you file with the court you should get a time stamped copy for you. This is for any evidence you file or any motions, etc.
If you have an attorney, always requests copies of anything filed including your asylum application and evidence for your records. Make sure you also get proof that it was filed.
You should definitely have an attorney for your asylum case. It is an important part of your family and your future.
If you need help please contact us at Pastor & Associates at (248)619-0065. We handle immigration cases in all states of the USA.