Affirmative & Defensive Asylum

Defensive Asylum

Defensive asylum is a form of safeguard offered to individuals who have fled their country of origin due to the persecution they face for reasons such as race, religion, nationality, belonging to a specific social group or for their political opinions. In the US context, those seeking asylum have the alternative of applying defensively while involved in removal proceedings.

Affirmative Asylum

Affirmative asylum is an option that allows people to apply directly to immigration authorities for asylum without being in removal proceedings. Those who seek affirmative asylum must show that they meet the same requirements as defensive asylum, that is, that they have suffered persecution or fear persecution in their country of origin due to reasons such as race, religion, nationality, membership in a specific social group or because of their political opinions.

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All the information contained in this website does not constitute legal advice, but rather very general information about situations that occur in immigration matters. At PRO – IMMIGRATION USA we are not associated or affiliated with the United States government, we are not a law firm and we do not substitute for their activities, therefore we do not provide legal advice or opinions on legal matters.

Remember that an attorney should always be contacted for advice on specific legal issues.