These are the two types of asylum you can apply for in the United States and who you can get them from

Two types of asylum are granted in the United States: affirmative and defensive, says lawyer Julio Oyhanarte, an expert on migration issues.

First, the affirmativeIt is typically applied for by people who entered on a visa and is applied for through the United States Citizenship and Immigration Service (USCIS).

The shelter defensiveInstead, he says through his networks, it will be filed with a judge.

It is usually requested by people who show up at the border and pass the credible fear interview.

Asylum seekers in the United States must have their own interpreters from September 2023

positive asylum

To obtain asylum through the positive procedure, the person must be present in the United States. You must apply for asylum status regardless of how you came to the United States or your current immigration status, the USCIS says.

The person must apply for asylum within one year of their last arrival in the United States, unless they can demonstrate:

Affirmative asylum can be requested by filing Form I-589, Application for Asylum and Waiver of Removal, with USCIS.

The person can obtain asylum in the United States by applying for affirmative asylum if he or she is not in a removal process with the Executive Office for Immigration Review (EOIR).

This is all you need to know before presenting the United States asylum interview

defensive harbour

An application for the defense of asylum, the USCIS website explains, occurs when the person applies for asylum as a defense against removal from the United States.

In order for an asylum prosecution to be considered a defense, you must be in deportation proceedings in the Immigration Court at the Executive Office for Immigration Review (EOIR).

How do you apply for asylum in the United States and who is eligible for this benefit?

In general, it gets broader: aliens are placed in asylum defense processes in one of two ways:

Immigration judges handle asylum cases if necessary in adversarial proceedings (similar to a court hearing). The judge, the USCIS describes, will hear arguments from:

• You (and your lawyer, if you have one), and

• The US Government, represented by the US Immigration and Customs Enforcement (ICE) Attorney.

The immigration court will then decide whether you are eligible for asylum. If she determines that you are eligible, she will grant you asylum.

With information from USCIS.

To read about I-589, Application for Asylum and Withholding of Removalhere

For more information on the process see Questions and Answers: Credible Fear Checks, here.

(JO)

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