Asylum cases can be divided into proactive or defensive cases. Proactive cases are those that are filed by a person directly with USCIS (Immigration).
These cases do not involve deportation and present USCIS with the persons case. When filing a case THIS IS THE TIME YOU NEED TO BEST PRESENT YOUR CASE. This means that you should review what you are presenting carefully and make sure that it a legally viable case – not something made up and facts under which an asylum would be granted.
Just because you are afraid to go back for any reason or you passed a credible fear interview it does not mean you will get asylum.
Defensive asylum cases are those that are presented by a person who is being deported from the United States in order to avoid being sent back to their country.
These cases are presented before the immigration judge and follow the same rules as those presented with USCIS. The difference here is that your case will be heard by a Judge and a Trial Attorney representing ICE. In other words, it will be different than a defensive case application that is only heard by an credible fear officer.
Remember to always use lawyers who can represent you in court. Notarios, “friends,” or paralegals cannot appear before a Court and may not represent you in your case. This is a BIG problem.
Finally, remember that all cases must be filed within one year of a person’s entry to the United States. If you want to file beyond that period you must demonstrate that filing was almost impossible for you during the period between your arrival and the filing of your case.
Remember that you should always consult with a lawyer when dealing with an asylum case.
If your asylum case is denied you may always appeal it to the Board of Immigration Appeals. Find out how to appeal your case here.