What are the Key Differences Between Affirmative and Defensive Asylum?

Immigrants may come to the United States seeking asylum for many reasons. However, it can be challenging to get approved because of the rigorous application process. Asylum is granted to people who cannot return to their home country because they are threatened with harm, persecution, or imprisonment because of their religion, nationality, race, political opinion, or particular social group.

Because of the complicated laws regarding asylum and immigration in the U.S., you should first seek legal help regardless of the reason or situation. Our talented immigration attorney has nearly 30 years of experience helping people attain the immigration status they are seeking. Contact us right away for help applying for asylum in the United States.

What is Affirmative Asylum?

When a person applies for affirmative asylum, they likely cannot return to their country of origin due to fear or threat of harm. An immigrant must usually apply for asylum within a year of entry into the United States. Otherwise, they may face deportation, at which point they may seek defensive asylum. The main difference between affirmative and defensive asylum is that the individual applying for affirmative asylum is using asylum, withholding, or the convention of torture as a defense against deportation.

Because of the large backlog of refugees seeking to enter the U.S., the application process is more demanding and time-consuming. Those who wish to pursue affirmative asylum should begin right away by contacting a trusted legal professional for help with this difficult process.

What is Defensive Asylum?

Defensive asylum, on the other hand, occurs when an immigrant is in the process of being deported. An immigrant seeks asylum only after being summoned to immigration court for deportation. Defensive asylum matters are decided by a judge in the court system, making it even more important to seek legal aid from an experienced and talented lawyer.

Applicants seeking defensive asylum often lack the benefits that immigrants who are pursuing affirmative asylum enjoy. Because they are facing deportation, they may even be detained while their case is heard. Even when an immigration judge denies the case, options are still available. Speak with our talented immigration attorney today if you have been threatened with deportation and need defensive asylum.

Can Our Immigrations Lawyers Help?

Leaving your home, friends, and family and traveling to a new land under threat of harm is hard enough. You don’t need the added stress of facing the U.S. legal system alone. If you are a refugee who is in need of affirmative or defensive asylum, you can count on our law firm for help. We have spent nearly three decades helping clients gain legal residency in the United States, which gives us the experience and confidence to resolve any immigration matter that may arise.

You can put your trust in our knowledge, dedication, and honesty as we fight alongside you to make sure you get the justice you deserve. Contact our capable and compassionate legal team today to schedule a legal checkup at 312-728-4610.