Can You Apply for Asylum After Being Placed in Removal Proceedings?

Can You Apply for Asylum After Being Placed in Removal Proceedings?

Being placed in removal proceedings can feel overwhelming, but it doesn’t mean your options for staying in the U.S. are gone. One potential form of relief is applying for asylum. If you fear persecution in your home country, you may still be eligible to seek protection through the asylum process, even after receiving a Notice to Appear (NTA) in immigration court.

In this blog, we’ll explain how to apply for asylum while in removal proceedings, the steps involved, and key tips for building a strong case.

What Are Removal Proceedings?

Removal proceedings begin when the Department of Homeland Security (DHS) files an NTA against you. The NTA outlines the reasons why the government believes you should be removed from the U.S., such as unlawful entry or overstaying a visa.

However, during these proceedings, you have the right to present your case before an immigration judge and seek relief from deportation, including asylum.

Can You Apply for Asylum During Removal Proceedings?

Yes, individuals in removal proceedings can still apply for asylum. In fact, applying for asylum may serve as a defense against deportation if you meet the eligibility requirements.

Eligibility for Asylum in Removal Proceedings

To qualify for asylum, you must prove that:

1. You have a well-founded fear of persecution in your home country.
2. The persecution is based on a protected ground:
   1. Race
   2. Religion
   3. Nationality
   4. Political opinion
   5. Membership in a particular social group.
3. You are not barred from asylum due to issues like criminal activity, participation in persecution, or missing the one-year filing deadline (unless exceptions apply).

Steps to Apply for Asylum in Removal Proceedings

1. Master Calendar Hearing
   1. During your initial hearing, you will indicate your intent to apply for asylum as a defense against removal.
   2. The immigration judge will set deadlines for submitting your asylum application and evidence.
2. File Form I-589 (Application for Asylum and for Withholding of Removal)
   1. Submit your completed asylum application to the immigration court by the deadline.
   2. Include detailed information about why you are seeking asylum and evidence supporting your claim.
3. Prepare for the Individual Hearing
   1. This hearing is where you present your case in detail to the immigration judge.
   2. Be prepared to testify about your experiences, explain your fear of persecution, and provide supporting evidence, such as:
      1. Country condition reports.
      2. Witness statements.
      3. Medical or police records.
4. Await the Judge’s Decision
   1. After hearing your case, the judge will decide whether to grant asylum or deny your application.
   2. If asylum is granted, you will be allowed to stay in the U.S. and eventually apply for a green card.

Challenges in Applying for Asylum in Removal Proceedings

• Tight Deadlines: Immigration judges often set strict deadlines for filing applications and submitting evidence. Missing these deadlines can hurt your case.
• High Burden of Proof: You must prove a direct connection between the persecution you fear and one of the protected grounds.
• Credibility Concerns: Any inconsistencies in your testimony or evidence can negatively impact your case.

Tips for Strengthening Your Asylum Case

1. Hire an Experienced Immigration Attorney
   1. Removal proceedings and asylum applications are complex. An attorney can help you navigate the process, prepare your testimony, and submit the necessary evidence.
2. Provide Detailed and Consistent Testimony
   1. Be honest and thorough when describing your fear of persecution. If you can’t remember specific dates or details, explain why rather than guessing.
3. Gather Strong Evidence
   1. Submit all available documentation to support your claim, such as:
      1. Records of past persecution.
      2. Expert testimony on country conditions.
      3. Proof of your involvement in political or social groups.
4. Request Additional Relief If Needed
   1. If your asylum application is denied, consider applying for withholding of removal or protection under the Convention Against Torture (CAT).

How We Can Help

At American Dream Law Office, we specialize in helping individuals in removal proceedings fight for their right to stay in the U.S. Whether you’re applying for asylum or exploring other defenses, we’re here to guide you through every step of the process.

Contact us today to schedule a consultation and start building your case. Let us help you protect your future and your American dream.