What is Defensive vs. Affirmative Asylum?

 Posted on December 31, 2024 in English

Asylum allows qualifying individuals to remain in the United States and seek lawful permanent residency in the future. U.S. law provides that people who fear persecution or torture may seek asylum here. The United States offers two main paths to asylum: affirmative and defensive, depending on the circumstances. An experienced Maryland immigration attorney can represent individuals seeking asylum in the United States. 

How Do You Qualify For Asylum?

In order to be eligible for both affirmative or defensive asylum in the U.S., you must be physically present in the country and able to show that you have a fear of being persecuted or tortured in your home country due to one of five protected grounds: your race, religion, nationality, membership in a social group, or political opinion.

How Do You Show Fear of Persecution?

If you have a fear that you will suffer any of the following types of abuse based on the five protected grounds, you may be found to have a fear of persecution sufficient to be granted asylum: 

• Serious physical harm

• Coercive medical treatment

• Punishment for an offense out of proportion to the crime

• Severe discrimination and economic persecution

• Severe extortion and robbery

What Is Affirmative Asylum?

The affirmative asylum application is available to you if you are currently not in a removal proceeding. You may apply for affirmative asylum through the U.S. Citizenship and Immigration Services (USCIS), and you must generally do so by filing Form I-529 within one year from the date you arrive in the country. You can legally live in the U.S. while your Form I-589 review is pending, but you will usually not be authorized to work. 

What is Defensive Asylum?

Generally, defensive asylum is available to you if you wish to avoid removal from the country, in one of two situations. If your affirmative asylum request has been denied and you have been placed in a removal proceeding, you may request asylum as a defense to removal. You may also seek defensive asylum in cases where you wish to avoid removal in a process that was initiated because you were either detained for violating immigration laws or because you entered the country without proper documentation.

Contact a Rockville, MD Asylum Attorney

If you seek a safe haven from persecution in your home country, we can help you understand your options as you apply for asylum in the United States. The experienced Chevy Chase, MD immigration law attorneys can advise you on whether to apply for defensive or affirmative asylum and represent you in your case. At Salvado Law Offices we are fully prepared to take on your immigration law matter. Contact our offices for a consultation at 301-933-1814.