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
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God Bless AmericaMay 10, 2025
trust me everyone knows here how it works, no need to post ChatGPT texts here 🤣
Lilo PelekaiMay 10, 2025
@God Bless America This is not a chatgpt post. I've been in the immigration system long enough to do my own research while working with my attorneys for my own case and what would happen if it went each way. I've been sharing information here long before chatgpt. If my posts don't help you, that's okay. I'm here for those who need information, while advising them to seek legal recourse before they make their decisions. If that's not you, it's okay. Ignore, rather than trying to be smart. ✌️
God Bless AmericaMay 10, 2025
Lol 😆 Don’t lie to yourself at least. Clearly your comment differs in style and writing from the post you shared. And nobody asked you how it works anyway, don’t try to be smart here. Have a blessed day Chat GPT
Lilo PelekaiMay 10, 2025
@God Bless America my comments and posts differ because they depends on whether I'm responding to someone or giving information to those in the same situation. This post was clearly not for you but someone else in a different thread. You're one who has never offered advice. Only asked for advice for your case. You only take and never give. And you dare criticize someone whose main activity here has been helping others more than asking for help? This says more about you. But sure, keep being smart. At the end of the day, you're still reading these posts. Continue the negativity. I won't partake in it. Like I said, I'm here for those who've walked a similar path as I have, and it's with them that I share what I've gathered on my own path. You're clearly here for the wrong reasons. We're not the same. Enjoy your negative life. ✌️
R RMay 10, 2025
@Lilo Pelekai all info are welcome! 🤝
Lilo PelekaiMay 10, 2025
@R R Thank you very much! 🤗
God Bless AmericaMay 11, 2025
ok chat gpt ;) 😆
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sam SamMay 11, 2025
@Lilo Pelekai thank you for sharing.
Lilo PelekaiMay 11, 2025
@sam Sam: You're very welcome. Please, keep us updated. We're rooting for you!
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sam SamMay 11, 2025
@Lilo Pelekai sure and please post informations we definitely need them.
Lilo PelekaiMay 11, 2025
@sam Sam I sure will! (Nice color change. 🙂)
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Love singhMay 11, 2025
how long take a asylum green card we apply may2024 my asylum granted april 2024
Lilo PelekaiMay 11, 2025
@Love singh: Did you mean May 2025? Because if your asylum was granted in April 2024, then you’ll be eligible to apply for the green card one year later—so either April or May 2025, depending on the exact date listed in your asylum approval notice. Once you apply, processing times vary by location, but 8 to 24 months is typical. Delays depend on a few factors: your case, your field office’s workload, and the fact that USCIS is severely understaffed right now. If you applied a month after being granted asylum, then USCIS may deniy that case as under INA §209(b), you haven't met the 1-year requirement, yet. ------- INA §209(b): Adjustment of Status for Asylees An individual who has been granted asylum may apply for a green card after 1 year of physical presence in the U.S. following the asylum grant. To qualify, the person must: • Have been physically present in the U.S. for at least 1 year after being granted asylum. • Continue to meet the definition of a refugee. • Not have firmly resettled in another country. • Be admissible to the U.S. for permanent residence (or qualify for a waiver if inadmissible).
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Love singhMay 11, 2025
mam my casee granted april 2024 we apply green card may2024 i years ago already my satus show me were taken fingerprints
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Love singhMay 11, 2025
and i have one more question mam
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Love singhMay 11, 2025
my green card apply new york my adress new york im working onther states EAD card we have problem??
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Love singhMay 11, 2025
tell me ??
Lilo PelekaiMay 12, 2025
@Love singh: I've already answered you. USCIS is probably not going to approve that green card case because you applied one month after being granted asylum, and not one year. Another thing they might do if they don't reject this case is that they will sit on it until you have been an asylee for a full year, at least, before they do anything with the case. And if that's the case, then it could take up to two years if not longer from April or May 2025. Please, refer to my answer above, and check with a licensed immigration attorney for any other concerns you may have.
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Love singhMay 12, 2025
my lawyer told me you have i94 you apply right way but now im sacred??
Lilo PelekaiMay 12, 2025
@Love singh Your lawyer might have misguided you. You applied too early. Your asylum approval notice is clear, and so is INA §209(b). At the time you applied, you were NOT eligible. So, IF you're lucky, USCIS will sit on your case until you become eligible and then they'll adjudicate it whenever they decide to work on it. Adjudication can be either positive or negative. But the most likely scenario is that they might reject your case and you'll have to apply again as you didn't meet the requirements to apply for it when you did. Good luck.
me meMay 19, 2025
Anyone with a situation like mine? in removal proceedings for denied asylum, appealed it but its still pending since 2020, presently married to my husband and filed for adjustment of status and i-130, will one be deported in a situation like this.
Oliver FarmJun 9, 2025
@Love singh how did you get your new i94?
Oliver FarmJun 9, 2025
@Lilo Pelekai when asylum is granted us a new i84 sent automatically?
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Love singhJun 9, 2025
yes send automatically
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Love singhJun 9, 2025
after one month
Lilo PelekaiJun 9, 2025
@Oliver Farm : Yes, if USCIS grants the asylum, they will send by mail the approval letter with the I-94 attached to it. The I-94 will have written/stamped on it that the recipient is an asylee, and the expiration date will show "indefinitely" and/or "D/S". A new EAD with category A05 will also automatically be created and sent by email. If asylum is granted by the immigration court (defensive asylum), those paperworks are not automatic. The new asylee must request/file for them with USCIS.
Lilo PelekaiJun 9, 2025
@me me : Your situation depends on a lot of factors. If your husband is a US citizen, and you're in removal proceeding, your burden of proof for the adjustment of status will be much higher than any other cases. One can still be deported in your situation. It would be safer and best to proceed with a licensed immigration attorney in that situation.

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