There are two ways in which a person can apply for asylum in the United States. The method in which a person applies is determined by the reason the applicant is seeking asylum. Individuals who are seeking refuge from their country of origin should file for affirmative asylum. Alternatively, when a person is facing a lapse in another form of immigration status or deportation proceedings, they should apply for defensive asylum. Because this application can be complex for someone to do on their own, an applicant should contact a St. Louis defensive asylum lawyer if they are seeking refuge to avoid deportation. The attorneys at Hacking Law Practice, LLC could help you begin this process and handle any legal obstacles that may arise.

The Defensive Asylum Application Process in St. Louis

When a person is applying for asylum through the defensive process, they are facing removal proceedings or have already been rejected for asylum through the affirmative process. In some situations, the defensive process can be the last resort for refugees who have reason to fear persecution in their home country.

During defensive asylum application process, a seeker should expect to appear in court to argue their reasons for wanting asylum. A representative of the government will provide arguments against asylum, and then the immigration judge in charge of their case decides whether or not to grant asylum to them. It is important to have an experienced St. Louis lawyer on one’s side during the defensive asylum process because they could help someone prepare their arguments and explain what they should expect in court.

The Burden of Proof

Defensive asylum is the last resort for a person about to be sent back to their home country. As such, it is important to know what information is necessary to show in court. To be granted asylum, the person must show that there is a reasonable chance that they will be persecuted in their home country. This can be for a variety of reasons, including political or religious beliefs and membership in a specific ethnic group.

In these cases, it is up to the applicant to prove the likelihood of persecution, so any documentation they can provide to this end may be helpful. Additionally, it may be useful to provide information that shows that the persecutor knows of the applicant, has the ability to harm them, and is willing to harm them because of their beliefs or ethnicity.

A skilled St. Louis attorney who has experience helping applicants in defensive asylum cases could assist immigrants in putting together evidence that could convince the immigration judge to grant refuge.

Contact a St. Louis Defensive Asylum Attorney Today

Because this process is typically the final chance at avoiding deportation, it is imperative that anyone seeking refuge from persecution contact a St. Louis defensive asylum lawyer as soon as possible. The sooner our firm is involved in your case, the sooner you can be sure that your fate is in trustworthy and experienced hands. For more information about this process and for help with your application, call our office today.

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