Defensive asylum: protection when you fear returning to your country.
If you are in deportation proceedings and fear persecution or torture in your country, defensive asylum is presented before the immigration judge. Withholding of removal and CAT protection also exist. Nationwide representation.
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What is defensive asylum?
It is asylum requested as a defense within a deportation case, before an immigration judge (unlike affirmative asylum, filed with USCIS). It protects those who fear persecution based on race, religion, nationality, political opinion, or membership in a social group. If asylum is not granted, withholding of removal or protection under the Convention Against Torture may still be available.
Three forms of protection
They are usually requested together, on the same form (I-589):
Asylum
For those with a well-founded fear of persecution on a protected ground. If granted, it opens a path to residency and lets you include spouse and children.
Withholding of removal
A higher standard of proof, but mandatory if met. It does not grant residency and only bars removal to that country.
CAT protection
For those who would likely be tortured if returned. Available even to some who do not qualify for asylum.
How it works
File Form I-589
The application for asylum, withholding, and CAT is filed with the court.
Prepare your declaration and evidence
We document your story and the country conditions that support the fear.
Individual hearing
You present testimony before the judge, who evaluates your credibility and the evidence.
Decision and appeal
The judge grants or denies; if denied, in most cases an appeal can be filed within 30 days.
Key deadlines and notices
Asylum generally must be requested within the first year of your arrival in the U.S., with limited exceptions (changed or extraordinary circumstances). Withholding and CAT have no one-year deadline, but require a higher burden of proof.
Notice: since 2025 new fees may apply to asylum applications, and the rules are changing. We do not guarantee results and honestly evaluate your case. Asylum law changes frequently; confirm the details with your attorney.
Why Zavala Law Group
Immigration is a federal matter, so we represent cases throughout the United States. We are a 100% remote, bilingual firm: you can work with us from wherever you are, in Spanish or English. Attorney Salomón Zavala directs your case together with our immigration team, and we offer payment plans so cost is not the obstacle.
Frequently asked questions
Your first step is a confidential evaluation
Tell us your situation and our immigration team reviews it with you. The sooner, the more options.
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