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Is your asylum process affirmative or defensive?

If you are working toward asylum in the United States, you will need to follow a process, based on your eligibility, before you are allowed to remain in the country legally. As you begin working with authorities in Kentucky to facilitate this process, you may have heard about both affirmative asylum and defensive asylum.

Both defensive and affirmative asylum processes are unique and the one that applies to you will be based on your situation and what ultimately led you to seek asylum in the first place. According to the U.S. Citizenship and Immigration Services, if you are seeking defensive asylum, it is because you have been apprehended by authorities and are in the process of being removed from the country. Your efforts are defensive in that you are pleading your case to remain in the U.S. 

Affirmative asylum will be the process by which you are granted approval if you have filed Form I-589 to the U.S. Citizenship and Immigration Services office and are prepared to be interviewed by an Asylum Officer concerning your eligibility to remain in the country. In both affirmative and defensive processes, an interpreter may be necessary to facilitate the process of reaching an agreement. If you are seeking asylum affirmatively, you will be required to provide your own interpreter if you need one. If you are seeking asylum defensively, the court will usually provide an interpreter for you. 

The information in this article is intended for educational purposes only and should not be taken as legal advice.  

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