Affirmative vs. Defensive
AFFIRMATIVE ASYLUM OVERVIEW
Affirmative asylum processing involves your physical presence in the United States. Individuals are free to apply regardless of the manner in which they got to the country or their current immigration status.
There’s an application deadline for affirmative asylum seekers. You have to apply within one year of your latest U.S. arrival, unless you can prove extraordinary circumstances. To apply for affirmative asylum, you’ll have to submit Form I-589, Application for Asylum and for Withholding of Removal.
According to the United States Citizen and Immigration Services (USCIS), affirmative asylum seekers are rarely detained. While the application is pending, you have the freedom to live in the United States. If your application is found ineligible, you can still remain in the U.S. while the application is pending with an immigration judge.
DEFENSIVE ASYLUM OVERVIEW
In the case of defensive asylum, the application occurs whenever you request asylum to prevent removal from the United States. The removal processing will already need to be in effect in order for the application to switch from affirmative to defensive asylum.
Defensive asylum processing occurs in one of two ways. One of the ways to get to this kind of procedure is to be referred to a judge after affirmative asylum ineligibility has been established. Alternatively, the application is possible whenever people are placed in removal proceedings because they were either caught at a U.S. point of entry without the required documents or they were caught by the U.S. Customs and Border Protection without proper documents and were placed in the expedited removal process.
During the court proceedings, the judge will hear from the defensive asylum applicant and the attorney representing the US government. If the applicant is eligible for defensive asylum, the judge will rule in their favor. Both parties have the right to appeal the decision of the immigration judge. If the asylum petition is denied, you will have 30 days to appeal. If you do not, immediate deportation may follow.
UNDERSTANDING THE REQUIREMENTS OF ASYLUM
In addition to being in the United States when you request asylum, you must also be able to prove that you are in danger of being harmed or prosecuted. At the Law Offices of Abner Pinedo, we truly care about your safety and your future and are here to help provide you with sound legal advice. We are qualified to review all of the details of your immigration case and analyze the best course of action for your asylum request.
If you have been persecuted for any of the following, you may be eligible for asylum: