Affirmative Asylum

There are two types of asylum that you can seek depending on your particular situation: this includes affirmative asylum or defensive asylum. Affirmative asylum is for asylees who are not in the middle of removal proceedings. When you are not in removal proceedings as an illegal immigrant, you can be proactive by applying for asylum through the USCIS.

Affirmative asylum seekers have a deadline of applying for asylum within one year of arriving in the U.S.. However, you may be able to get around this deadline if you can prove extraordinary circumstances prohibit you from applying within a year. To officially apply for affirmative asylum, you need to submit a form I-589, which is an application for asylum and for withholding of removal.

You will continue to have the freedom to live in the United States as your application is pending, even if it is found to be ineligible but it is still pending with an immigration judge.

How is it Different From Defensive Asylum?

Defensive asylum is different from affirmative asylum as it only happens after you have been placed in removal proceedings. If you apply for affirmative asylum but were found to be ineligible, you could start the process of applying for defensive asylum before your removal. Individuals may also apply for defensive asylum if they have been caught in the United States without the required documents and were put into removal proceedings.

For your defensive asylum case, you will have the opportunity to go before a judge and showcase why you should receive asylum. The judge will determine whether or not you are eligible for defensive asylum and either grant you asylum or deny your petition. Even if your petition is denied, you have up to 30 days to appeal the judge’s decision before you are deported.

For your defensive asylum case, you have the opportunity to hire an asylum attorney to represent you and help you provide evidence that you qualify for asylum.

How to Establish Fear of Persecution

The backbone of asylum in the United States is to provide immigrants with the option of seeking safety in the U.S. For you to qualify for any type of asylum, you have to establish fear of persecution if you were to be deported back to your country of origin or where you last resided.

The first step you need to take towards establishing a fear of persecution is hiring an asylum lawyer to represent your case. They will have experience with immigration laws in Southern California and will know how to best demonstrate the consequences you could face if you are deported.

The U.S. defines persecution as harm or suffering that is inflicted by a government. Types of persecution that are widely recognized by immigration law include persecution of political opinions, ethnicity, gender, race, or religion.

Common methods of establishing fear of persecution include detailing past persecution you experienced or providing media reports, newspaper articles, photos, or videos of persecution that are currently going on in the country. It’s important to remember that you do not necessarily have to have a personal experience of persecution; you simply have to prove that you are very likely to be persecuted if you return to your country.

Why Hire an Affirmative Asylum Attorney?

If you are an immigrant who is seeking asylum in the U.S. it is not required for immigrants to have the assistance of an immigration attorney when they are applying for either affirmative or defensive asylum. You are also not guaranteed a government funded lawyer to help you represent your case. Despite this, it is crucial that you have an experienced attorney on your side who can help you navigate this complex process.

An immigration attorney in Southern California will help you apply for asylum and provide all of the necessary documents as well as track its progress. They will help you make your case before a judge or submit an appeal if you are found to be ineligible for asylum. An attorney can also help to delay removal or deportation proceedings, giving you more time to prove that you are a candidate for asylum in the United States.