Asylum is a form of protection that allows an individual to remain in the United States instead of being removed to a country where they fear persecution. There are two distinct paths to seeking asylum in the U.S.: affirmative asylum and defensive asylum.

Affirmative Asylum

Affirmative asylum is the process by which an individual who is not currently in removal proceedings proactively applies for asylum with the United States Citizenship and Immigration Services (USCIS). This path is available to various categories of applicants, including those with valid immigration status, those whose status has lapsed or expired (with exceptions), and even those with no immigration status.

Eligibility

To be eligible for asylum through the affirmative asylum process, the applicant must meet the following criteria:

• Be physically present in the United States.
• Apply for asylum within one year of their last arrival in the United States.

Application Process

• Submission: Applicants must submit a formal application for asylum to the USCIS.
• Interview: After the application is received, applicants will undergo an interview with a USCIS asylum officer.
• Decision: The asylum officer will assess the applicant’s eligibility for asylum based on their fear of persecution in their home country.

Defensive Asylum

Defensive asylum is pursued when an applicant requests asylum as a defense against removal from the United States. This process occurs within the immigration court system, specifically through the Executive Office for Immigration Review (EOIR).

Placement into Defensive Asylum

Individuals are placed into defensive asylum processing in one of the following ways:

• Referral from USCIS: When an applicant is found ineligible for asylum at the end of the affirmative asylum process, they may be referred to an immigration judge for defensive asylum proceedings.
• Apprehension: Individuals who are apprehended in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status may be placed in removal proceedings.
• Credible Fear Determination: Those apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation and who are found to have a credible fear of persecution or torture by an asylum officer may also enter defensive asylum proceedings.

Immigration Court Process

• Hearing: An immigration judge presides over defensive asylum cases and conducts a hearing to determine whether the applicant is eligible for asylum.
• Decision: Based on the evidence and testimony presented during the hearing, the judge will make a determination regarding the applicant’s asylum eligibility.

Both affirmative and defensive asylum processes are crucial avenues for individuals seeking protection in the United States from persecution in their home countries. If you or someone you know is in need of asylum assistance, SG Immigration Solutions is here to provide guidance and support throughout the application process. Your protection and well-being are our top priorities.

Contact us today to schedule a consultation and take the first step toward securing your Asylum with SG Immigration Solutions.

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