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What is Defensive Asylum?

Asylum is the one of the most well-known protections for U.S. non citizens to legally stay in the country. At its core, asylum allows those who have been persecuted (or fear persecution) due to their nationality, race, religion, political opinion, or membership in a particular social group. The concept has its roots in Medieval England. In the U.S., there are two forms of asylum protection: affirmative asylum and defensive asylum. We covered affirmative in a previous blog; now, we will provide an overview of defensive asylum. 

First, Apply for Affirmative Asylum

The main difference between affirmative and defensive asylum is that individuals trying for affirmative asylum protection apply before any removal proceedings have begun against them. Those seeking affirmative asylum file Form I-589 with the USCIS. If applicants are deemed ineligible for asylum, then they will be referred to the Executive Office for Immigration Review, thus beginning the defensive asylum process. 

Another situation that can result in the commencement of the defensive asylum process is if you entered the U.S. through an official port of entry (like an airport or border crossing). Or, you could be apprehended by Customs and Border Protection (CBP) without proper documentation within 100 miles of the border after having been in the country illegally for less than two weeks. Finally, you will begin defensive asylum proceedings if you are apprehended by Immigation and Customs Enforcement (ICE) and you do not have documentation to be in the country legally. 

In the first two situations, you must request defensive asylum and a credible fear interview. At any rate, you should notify ICE, CBP, or any other immigration enforcement agency that you request defensive asylum in the U.S. After you make this request, an Asylum Officer will conduct an initial screening wherein he or she will determine whether or not you have a credible fear of persecution or torture. This preliminary screening will occur after you have spent at least 48 hours in custody; unfortunately, it could be weeks until you see an Asylum Officer. 

The Hearing

After you have been apprehended by ICE or CBP, you should contact an attorney as soon as possible. You may not have access to an attorney before your initial credible fear screening, but you are entitled to have legal representation before your hearing in front of an Immigration Judge. ICE will typically have an attorney present to present the government’s case that you should be removed from the country. The judge will either grant you asylum or, if he or she finds you ineligible for asylum, determine if you are eligible for a different relief from removal. If no relief is available, unfortunately, you will likely be ordered to leave the U.S. Fortunately, you are able to appeal the judge’s decision. 

Conclusion

The entire team at RelisLaw, PLLC is sympathetic and understanding to anyone who is seeking legal refuge in the U.S. Our founding attorney, Dr. Tamara Relis, is well-versed in the nuances of federal immigration law, with much experience guiding immigration cases to success. She additionally has decades of experience working in human rights related cases. We would be honored to help you or a loved one secure the same privileges. Get in touch with our firm to schedule a free 10-minute phone call with our team today. 

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RelisLaw

We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.
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E-2 Treaty Investor Visa Requirements: A Definitive Guide for Business Owners and Managers - RelisLaw

E-2 Treaty Investor Visa: Comprehensive Guide for Business Owners

U.S. Investment Opportunity: The E-2 Visa

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The **E-2 Treaty Investor Visa** is a non-immigrant classification for foreign nationals investing a substantial amount of capital in a bona fide U.S. business. At RelisLaw, we specialize in maximizing the approval chances for **E-2 Visa Business Entrepreneurs and Managers**.

The E-2 visa allows investors and their **immediate family** (spouse and unmarried children under 21) to live and work in the United States. Initial approval can grant residency for up to **5 years** and is indefinitely renewable as long as the business meets the requirements. This visa is explicitly designed to spur **foreign investment and economic development** in the U.S.

DOWNLOAD: YOUR STEP-BY-STEP GUIDE TO E-2 VISA SUCCESS

RelisLaw provides the **solid, detailed guidance** you can rely on to build your strongest E-2 Application and successfully secure your future in the USA!

Since 2016, our clients worldwide have chosen RelisLaw, not only for our **meticulous work and consistent Approvals** but also for the continuous support we provide to help them achieve their dreams of working in the U.S.

Be prepared to discuss your **business plan, investment sources, and management role** in detail during your application process. Upon E-2 visa approval, you will receive authorization to start working in your approved U.S. business right away!

E-2 Treaty Investor Visa Eligibility Summary

E-2 Requirement Category Core Eligibility Criteria Definition of Investment
**Applicant & Business** – Must be a **citizen of a U.S. treaty country**.

– Must have already **invested or be actively investing a significant amount** of capital in a legitimate U.S. enterprise.

– The applicant must be coming to the U.S. solely to **develop and direct the enterprise** by having ownership (at least 50%) or a key managerial/executive role.		 – The investment must be **Substantial** relative to the total cost of the business (start-up or purchase).

– Funds must be large enough to demonstrate the investor’s strong **financial commitment** to the business’s success.

– The business must be **Not Marginal** (i.e., not solely created to provide a minimal living income for the investor and family, but must expand employment opportunities in the U.S.).
GET YOUR STEP-BY-STEP E-2 VISA GUIDE NOW
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