Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

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The key differences between affirmative and defensive asylum

On Behalf of | Jul 27, 2021 | USCIS News |

Asylum grants certain political refugees protection so that they can live in Illinois or elsewhere in the United States after leaving their native country. An individual can get granted either defensive or affirmative asylum. There are a few differences between the two types.

Removal proceedings

Individuals who seek affirmative asylum do not go in front of an immigration judge for removal proceedings. For those who are seeking defensive asylum, they will need to go in front of an immigration judge.

Paperwork

There are often fewer legal proceedings and less paperwork for those who seek affirmative asylum. They will need to fill out Form I-589 and submit it to USCIS. If an individual is seeking defensive asylum, USCIS will have already referred them, and their asylum application will go in front of an immigration judge. In some cases, an individual will go through processing so quickly that they have not had the opportunity to fill out this paperwork. In these instances, they will fill it out right before they see an immigration judge.

Qualified interpreters

Many individuals who are seeking asylum need to have an interpreter to help them thoroughly understand what is going on. Those seeking affirmative asylum need to provide their own qualified interpreter. If an individual is seeking defensive asylum, they will have a qualified interpreter provided for them by the immigration court.

Applying for any type of asylum isn’t easy, so many individuals do seek the assistant of an attorney to help them throughout this process. An attorney may answer questions about the paperwork that clients have to fill out and assist them with any legal proceedings that take place.

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