Defensive Asylum - Culwell & Luke LLP.

Alan Culwell
CULWELL & LUKE LLP
Telephone: 317.576-8400
alan@culwellandluke.com
DEFENSIVE ASYLUM - BASIC INFORMATION
What is Asylum?
Asylum can be granted to certain individuals who are fleeing persecution in their home country.
The persecution must be based on the individual’s membership in a particular social group, or
based on race, religion, nationality or political opinion. The persecution must come from the
government, or a group or individual that the government is unwilling or unable to control. The
laws regarding asylum are very strict. Many people in many countries are oppressed or afflicted
in many ways, but most of them are not eligible for asylum. Typically, an asylum application must
be submitted to the government within 12 months of entering the United States.
What is Defensive Asylum (“DA”)?
DA is an asylum application filed while someone is under deportation proceedings. It is referred
to as “defensive” because the application is being used as a defense in the deportation process.
DA is handled differently than affirmative asylum, or asylum without deportation proceedings.
DA usually requires two or three hearings in court, rather than just an interview, and the
Immigration Judge will decide whether or not to grant asylum.
What do our services include?
Our services include a ride to Chicago for each court hearing, and translations into English for any
document in Spanish. We work with you to prepare the asylum application and do legal research
to find case law and other relevant information that supports your case. We may write a brief in
support of your case. We work with you to prepare for the final asylum hearing in court.
What do we need from you?
We need you to be completely open and honest. We need you to respond promptly to our requests.
We need you to provide copies of all documents related to your case, even documents that may be
in your home country, and to bring original documents to any court hearing.
What do our services cost?
We charge a separate fee for each court hearing and for preparing and submitting the DA
application. We also charge for a written brief we prepare in most cases. Please contact us for
more information regarding our fees.
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