Provisional Immigration Statuses

Affirmative or Defensive Asylum

Many people from different countries enter the United States seeking protection because they have experienced or are experiencing some form of persecution and fear for their lives. There are five different ways approved by the United States for such persecution: It can be based on race, religion, nationality, membership in a particular social group, or political opinion.

Depending on how you enter the United States and the decision of the assigned judge, your asylum can be affirmative or defensive. Additionally, depending on your asylum application, you may submit it online or by postal mail.

The affirmative asylum process is for individuals who are not facing any form of removal proceedings. The defensive asylum process is for individuals who are facing some form of removal proceedings. Removal proceedings involve a ruling by the U.S. government.

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