Community

Lilo Pelekai
May 10, 2025
How Immigration Court (Defensive Asylum) Works
If your asylum case has been referred to immigration court, that means USCIS did not grant you asylum and you are now in removal proceedings. This is called defensive asylum, and it’s very different from the affirmative process you started with. WHAT IS IMMIGRATION COURT? It’s a court run by the Executive Office for Immigration Review (EOIR), under the Department of Justice—not USCIS. You are now the respondent in a legal case where the U.S. government is seeking to deport you. This is no longer a USCIS interview. It’s a formal legal process. HOW DOES IT WORK? You’ll appear before an immigration judge. The government will be represented by an ICE attorney whose job is to question your claims and challenge your eligibility to remain in the U.S. You’ll have a chance to present your case, testify, submit evidence, and bring witnesses—if you have a lawyer. Without one, you’re on your own against trained government attorneys. There are two types of hearings: • Master Calendar Hearings (MCH): These are like check-ins where the court sets timelines and reviews the basics of your case. You won’t present evidence here, but you’ll need to tell the judge if you plan to fight your removal and if you need more time to find an attorney. • Individual Hearing (Merits Hearing): This is your trial. You’ll testify under oath. The judge will ask questions. The ICE attorney will cross-examine you. This is your one chance to fully explain your fear of returning to your home country. The judge will either give a decision that day or schedule one later. WHAT HAPPENS IF YOU WIN OR LOSE? If the judge grants asylum, you’re protected. If the judge denies it, you could be deported — unless you appeal in a timely manner or qualify for another form of relief. WHAT IS AT STAKE? Your future. Your protection. Your right to remain in the U.S. This process is real, serious, and emotionally draining. But many have gone through this and won their cases. The key is preparation, representation, and honesty. And please, get a lawyer. I hope this helps. #DefensiveAsylum #ImmigrationCourt
26
F
Felipe Rivera
May 10, 2025
Filling to adjust status of asylum applicant
Got my green card this month of may 2025 after 42b Vawa cancellation of removal approved back in dec 2024. Married last month with a Kazakhstan national, 30 years old, who entered with a tourist visa, extended this tourist visa and applied for asylum before expiration of the same to keep legal status. 1- Should I file for her adjustment of status sending forms i-485, i-130 and i864 all together at the same time? 2- We live in Vegas now, but we are about to move in two months or so to Portland OR. Is it wise to wait to apply with residency there since they have better processing times and are more lenient since it’s a democrat state? 3- I never filed for taxes before. To comply with documentation of i864, im thinking about filing for my first three consecutive years in the U.S. as 2017, 2018 and 2019 first and sending my paystubs of my entire year of 2024 and 2025. Would that be enough?
Comments
Prev
334335336337338
Next
© 2025 Lawfully Inc.
Privacy Policy|Terms of Service|Privacy Policy (Lawfully Pro)|Terms of Service (Lawfully Pro)|Limited Scope Representation Agreement