If you are worried about deportation, something you may want to consider is a defensive application for asylum. Defensive asylum is one of the few ways that someone who is in the country illegally can attempt to be allowed to stay.
Defensive asylum is not the same as the normal asylum process. Defensive asylum is used when you want to protect yourself against deportation after being arrested or taken into custody by the U.S. Immigration and Customs Enforcement (ICE), for example. You may be taken into custody at any port of entry if you do not have a valid visa.
During the defensive asylum process, you will need to go to immigration court. There, an immigration judge will decide if you can be granted asylum.
Quick legal help is important if you’re facing deportation
If you are facing deportation, it’s important to get legal help right away. When you’re taken into custody at a port of entry, you are placed in expedited removal proceedings. You will need to go through a credit fear screening as well. You need to explain why you’re scared to return to your home country. This interview is extremely important because the officer has to decide if there is a possibility of asylum based on your explanation.
This process can be scary, but there are people who are able to help you understand your rights and how to handle things like the credible fear interview. Our website has more information about seeking asylum, deportation and why it’s important to find legal support as soon as you can.