If you are facing deportation and fear returning to your home country due to pending persecution or threats to your safety, you may qualify for asylum in the United States. At Odunlami Law Firm, we advocate for individuals seeking asylum as a defense against removal, helping you build a strong and credible case before an immigration judge.
Whether you have just begun the asylum process or have experienced a denial and need skilled legal support to fight for your status, our firm is here to help. We have successfully guided countless clients through the complexities of immigration law, including the challenging asylum application process.
We know how crucial it is to secure timely approval of your application so you and your loved ones can find peace and security. A Deportation defense lawyer can provide the experienced representation you need to win your case.
What is Defensive Asylum in Deportation Defense?
Defensive asylum is a form of protection sought by individuals already in removal (deportation) proceedings. Rather than applying proactively through the U.S. Citizenship and Immigration Services (USCIS), you are requesting asylum as a defense against being deported.
This process takes place in immigration court, where an immigration judge will evaluate your claim. If granted, asylum allows you to remain lawfully in the U.S., obtain a work permit, and eventually apply for permanent residence. It may also allow your spouse and children to receive protection.
Defensive asylum is a legal remedy designed to prevent you from being returned to a country where you may face harm. It is often the most powerful form of relief available to those fleeing violence, persecution, or systemic abuse.
Who Qualifies for Asylum to Avoid Removal?
To qualify for asylum, you must demonstrate that you are unable or unwilling to return to your home country because of past persecution or a well-founded fear of future persecution. That persecution must be based on one or more of the following protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
The law requires not only that you meet one of these protected grounds, but also that you demonstrate persecution by your home country government or forces that government cannot or will not control.
For example, suppose you are threatened by a gang that legal authorities are actively protecting people from— such activity on that end might serve to weaken your case. On the other hand, if the government ignores or supports the gang, your asylum claim is stronger.
Additionally, the asylum process requires a showing that relocating safely within your own country is not a viable option. If there is a part of your country where you could live safely without fear of persecution, asylum may be denied.
What Makes a Strong Asylum Case?
Winning asylum depends heavily on the quality, consistency, and credibility of the evidence you present. At its core, a strong asylum claim tells a truthful, well-documented story of why returning to your home country would put you in danger and backs it up with as much detail as possible.
A compelling case typically includes:
- Your personal testimony. This is the heart of your case. You must be able to clearly explain who harmed you (or who you fear), what happened, where and when it occurred, and why you believe it would happen again. Your story should reflect your voice and experience—honest, specific, and consistent.
- Sworn statements and affidavits. These can come from family members, friends, or others who can confirm parts of your story or provide context about the dangers you faced.
- Objective documentation. Any medical records, police reports, legal documents, photographs, or evidence of past injuries or threats can strongly support your claim.
- Country condition reports and human rights findings. Independent reports from the U.S. State Department, United Nations, or credible news sources can help establish that people in your situation—those who share your race, religion, political beliefs, or membership in a particular social group—face serious harm in your country.
- Expert opinions. In some cases, we may bring in home-country experts, doctors, or psychologists to explain conditions in your home country or the impact of trauma you’ve suffered.
Even though the legal standard for asylum is relatively low, with just a 10% chance of future persecution, according to U.S. case law— the real challenge is convincing the judge that your fear is real, specific to you, and tied to one of the protected legal grounds.
That is where details, clarity, and preparation matter. And that is also where an experienced asylum attorney can make a real difference. With the right support, you are much more likely to present a case that resonates with the judge and proves your need for protection.
How Odunlami Law Firm Helps Clients Seeking Asylum
Applying for asylum while in deportation proceedings is not something you should take on alone. Immigration court is meticulous and complicated. Even a small mistake in your case filing can lead to denial and removal from the country.
Our goal is to deliver the highest level of legal service while ensuring our clients feel heard, respected, and supported throughout the process. Here is how we support individuals seeking asylum:
- We ensure your application is complete, accurate, and compelling.
- We gather and organize critical evidence, witness statements, and expert reports to support your claim.
- We prepare you thoroughly for your hearing, help you present a clear and convincing case, and handle all legal arguments on your behalf.
- If your case is denied, we take immediate action to appeal or reopen it.
- We explore all possible legal options to protect you and your family from deportation. We will include eligible family members in your application to protect your entire household.
We have built our reputation on a deep commitment to the people we serve, and our asylum attorneys bring extensive knowledge of the legal standards and evidentiary demands involved in winning asylum and refugee protection.
Applying for Asylum During Deportation Proceedings
Applying for asylum is a crucial step to protect yourself or your family from persecution. Still, it can be confusing and overwhelming without the right guidance. At Odunlami Law Firm, we are here to walk you through every part of this journey, ensuring you understand what to expect and how to prepare your strongest case.
Here is a straightforward overview of the asylum process when you apply within the United States:
Assessing Your Eligibility
Asylum is available to those already physically present in the U.S. If you’re outside the country, other forms of protection might apply, and we will help you determine the best path forward.
Filing Your Application (Form I-589)
This is the official form where you detail your reasons for seeking asylum. This must be done within one year of your last entry into the U.S., with limited exceptions. It is vital that this application is thorough and accurate, which is why legal assistance is so important.
Presenting Your Case in Immigration Court
Because you are already in removal proceedings, your case will be heard before an immigration judge. This includes presenting evidence of your fear of persecution and any supporting documentation, witness statements, or expert testimony. Your attorney will prepare you for cross-examination and help build a persuasive, legally sound case.
Attending the Individual Hearing
This is your opportunity to explain your story directly to the judge. With Odunlami Law Firm by your side, we will ensure your testimony is clear, supported by evidence, and meets the burden of proof required for asylum approval.
Judge’s Decision
After the hearing, the immigration judge will issue a decision. If granted asylum, you will be protected from deportation and can stay in the U.S. You may also be eligible to apply for a work permit and, after one year, apply for a green card (permanent residency).
Appeals Process (If Denied)
If your asylum claim is denied, you have the right to appeal the decision to the Board of Immigration Appeals (BIA). We can help you explore all available options, including motions to reopen or reconsider.
Contact Odunlami Law Firm For a Consultation
If you are a foreign national facing persecution or threats in your home country, we urge you to consult an experienced asylum immigration lawyer before moving forward with your asylum application. With our help, you can significantly improve your chances of a successful outcome.
Please contact Odunlami Law as soon as possible to schedule a private consultation with the lawyer. Together, assess your eligibility for asylum or other forms of relief, and develop a strategic plan to avoid deportation and protect your family.
