Vickerstaff Law Office

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Local: 502-442-2039 Toll-Free: 888-832-2944
Vickerstaff Law Office

Call For An Initial Consultation

Local: 502-442-2039
Toll-Free: 888-832-2944

Louisville, Kentucky, Immigration Lawyer

Louisville, Kentucky, Immigration Lawyer

Understanding affirmative and defensive asylum

On Behalf of | Jun 25, 2024 | asylum

Asylum is a legal form of protection that allows immigrants to remain in the United States instead of being deported when they have a reasonable fear of being subjected to persecution in their homelands.

Many people seek asylum because of fears of persecution based on their race, religion, political opinions or membership in certain social groups. While most people think of asylum as an affirmative process, it can also be defensive.

What’s the difference?

In all cases, asylum is something that is sought once an individual is already inside the United States or at a point of entry (such as an official border crossing or an airport). There’s no way to ask for asylum in advance.

However, many people cross into the United States or arrive at one of those ports of entry with the full intention of seeking asylum through the U.S. Citizenship and Immigration Services (USCIS) once they get there. This is called affirmative asylum, and it’s not generally considered an adversarial process.

Others find themselves asking for asylum as a defense against removal (deportation) from the United States. This typically happens when they are undocumented immigrants who have been apprehended by immigration authorities, they failed to succeed through the affirmative asylum process or they were placed in removal proceedings for some other reason (like overstaying their visa or being arrested for a minor criminal violation). This is an adversarial process, which means that an attorney from USCIS will oppose the grant of asylum in court.

Whatever your situation, seeking asylum can be a complicated process – and mistakes can be hugely problematic. Seeking legal guidance early on can help you avoid missteps that could be fatal to your petition.