Fearing that they may be harmed if they stay in another nation, thousands of immigrants arrive in the United States yearly. By proving that they have a legitimate fear that they or their family members will be persecuted due to their race, religion, nationality, political beliefs, or affiliation with a specific social group, immigrants may be able to apply for asylum in these circumstances. Although applying for asylum can be difficult, it’s crucial to understand that there are two categories of asylum seekers in the US: those who apply defensively and those who apply affirmatively.
Affirmative asylum: What Is It?
By following the correct procedures at a port of entry or the US Citizenship and Immigration Services (USCIS) office, a person can proactively apply for asylum. An individual may submit an asylum application within a year of arriving in the US. Since it allows applicants to explain their circumstances to an asylum officer and offers greater flexibility about qualifying requirements and timing, applying for affirmative asylum is typically considered the best course of action.
The following requirements must be fulfilled by applicants to be eligible for affirmative asylum:
Physical presence in the United States is a requirement for the application.
The applicant must meet the Immigration and Nationality Act’s (INA) definition of a “refugee.”
Defensive asylum: What Is It?
Applying for asylum as a defense against removal proceedings started by the Department of Homeland Security is a defensive asylum. Stated differently, an immigrant may argue that they would be persecuted if they were returned to their country of origin to avoid deportation. Applicants typically have less time to prepare their case because removal processes have already started, and they could also have to meet more stringent qualifying conditions.
After being detained by immigration authorities within 14 days of arriving in the United States, an immigrant may occasionally be placed in expedited removal proceedings. In these circumstances, an asylum officer may examine a person to ascertain whether they have a legitimate fear of torture or persecution in their native country. They may be scheduled for an asylum merits interview to verify their eligibility for asylum, or they may be required to attend a hearing before an immigration judge as part of the defensive asylum procedure if the officer finds they have a credible fear.
Speak with Our Texas Asylum Attorneys
Knowing the distinction between defensive and positive asylum is crucial if you’re applying for refuge in the US. Although they both offer protection from deportation, each has pros and cons of its own. Having a skilled and experienced attorney represent them increases the likelihood that immigrants will be successful in their asylum application. Orange Law can assist you in identifying the best course of action for your immigration case appeal. We will ensure that all forms and papers are filed appropriately and assist you in following the proper procedures throughout this process. To find out how we can help, contact us right now. For round-the-clock legal assistance, contact us at +1(888)362-9008 or stop by our office at 6100 Corporate Dr., Houston 77036.
