Two Paths to Asylum -

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Thursday, Jul. 24, 2008

Two Paths to Asylum

The two main ways of obtaining asylum in the United States are through the affirmative process and through the defensive process.

Key Differences Between "Affirmative" and "Defensive" Asylum Process

Affirmative Defensive

Asylum-seeker has not been placed in removal proceedings Asylum-seeker has been placed in removal proceedings in Immigration Court

Asylum-seeker affirmatively submits his or her asylum application to a USCIS Service Center Asylum-seeker:

Is referred by an Asylum Officer
Is placed in removal proceedings for immigration violations, or
Tried to enter the U.S. at a port-of-entry without proper documents and was found to have a credible fear of persecution or torture

Asylum-seeker appears before a USCIS Asylum Officer Asylum-seeker appears before an Immigration Judge with the Executive Office for Immigration Review

Non-adversarial interview Adversarial court hearing

Key Differences Between "Affirmative" and "Defensive" Asylum Process
Affirmative	Defensive
Asylum-seeker has not been placed in removal proceedings	Asylum-seeker has been placed in removal proceedings in Immigration Court
Asylum-seeker affirmatively submits his or her asylum application to a USCIS Service Center	Asylum-seeker: Is referred by an Asylum Officer Is placed in removal proceedings for immigration violations, or Tried to enter the U.S. at a port-of-entry without proper documents and was found to have a credible fear of persecution or torture
Asylum-seeker appears before a USCIS Asylum Officer	Asylum-seeker appears before an Immigration Judge with the Executive Office for Immigration Review
Non-adversarial interview	Adversarial court hearing

From U.S. Citizenship and Immigration Services