1/ Those who have been referred to immigration court after their affirmative asylum interview

If the asylum officer did not grant you asylum after your affirmative interview then you will receive a letter that will tell you that you are being referred to immigration court. At this point, you become a defensive asylum-seeker.

to learn more about the affirmative asylum process visit our page <link>

2/ Those who have been arrested at the border or near the border without documentation:

These persons are usually apprehended(arrested) by border patrol, known as “Customs and Border Protection” (CBP).

In these cases, people are initially placed in so-called expedited removal proceedings.

Expedited removal proceedings means that you first have to successfully pass a credible fear interview in order for your case to be heard by an immigration judge.

The “credible fear interview” (CFI) is conducted by an asylum officer. If the officer believes you may qualify for asylum, he or she will issue a notice to appear (NTA) and refer the case to an immigration judge.

But if the asylum officer doesn’t think there’s any chance you’ll qualify, they may deny your asylum claim right away and usually you are removed from the country. There is the possibility that an immigration judge reviews that decision, but if the judge thinks the asylum officer was correct, there is no more possibility to appeal.

3/ Those who have been apprehended (arrested) within the US without legal status:,

If ICE apprehends you after you have been in the United States for some time, or far away from the border, they will issue an NTA( Notice to Appear) and put you in removal proceedings, where you may file for asylum with an Immigration Judge. If the Immigration Judge denies your asylum claim, you may appeal to the BIA and then to a federal court.

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Going to immigration court – part of the Executive Office for Immigration Review (EOIR) – as an asylum seeker means you are in removal proceedings (sometimes called “deportation” proceedings).

Despite what the name implies, this does not mean that you are in imminent danger of being deported. To the contrary, being in immigration court proceedings means that Immigration and Customs Enforcement (ICE) is not allowed to deport you until the immigration judge (IJ) makes a decision in your case, which can take years. And even if the Immigration Judge does issue a removal order, you have the option to appeal, which will protect you for longer.

All three categories of defensive asylum seekers will first have to attend an initial hearing known as the Master Calendar.

Master Calendar hearing:

In your “Notice to Appear” (NTA) you will have been given a date to appear for this Master Calendar and meet with the immigration judge who will review your case. Whether or not you have a lawyer, you must show up at the scheduled time.

At this hearing, if you do not yet have a lawyer, the judge will make sure that you have received a list of lawyers who may be able to represent you for free, and then give you a date to return to court, usually for another master calendar hearing.

If you have a lawyer, the immigration judge will give a date for your individual hearing where you will defend your case ( it is known as the Merits Hearing/final hearing)

Filing the asylum application: <application graphic>

If you were referred by USCIS after your affirmative interview, you don’t need to submit an asylum application known as I-589.

But if you belong in the other categories of defensive asylum seekers listed above, you will need to submit an asylum application within one year of your arrival date in the US. [This form has to be submitted at the court where you will have your hearing. If you don’t have a lawyer, you should drop the application in person at the court and bring an extra copy when you have your hearing to prove that you filed within the one year deadline.]

Please note this important information: In some cases, the judge will require you to submit the application at a specific date which is earlier than the one year deadline.

For example, the judge at a master calendar hearing might tell you to file within a certain number of days after that hearing, or a certain number of days before your next hearing. You must comply with any deadline set by the judge. If you do not follow the judge’s requirement, it may result in the court deciding that you have waived your right to apply, which can lead to deportation.

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