What Is the Difference Between Defensive Asylum and Affirmative Asylum?

Defensive asylum is a form of protection offered to people who have fled their home country due to persecution based on race, religion, nationality, membership in a particular social group, or political opinion. In the United States, individuals seeking asylum may apply defensively when they are in removal proceedings. On the other hand, affirmative asylum is a way to apply for asylum directly with immigration authorities, without being in removal proceedings. Individuals seeking affirmative asylum must show that they meet the same requirements as defensive asylum — that is, that they have suffered persecution or have a well-founded fear of suffering it in their home country for one of the reasons listed above. The main difference between defensive asylum and affirmative asylum is the point at which it is requested. Defensive asylum is requested during removal proceedings, while affirmative asylum is requested independently. It is important to note that, whether applying affirmatively or defensively, an asylum applicant generally has one year from the date of entry into the United States to submit the application; otherwise, except for certain exceptions, they may lose the opportunity to apply for asylum. In summary, defensive asylum and affirmative asylum are both forms of protection for people who have fled their home country due to persecution. The main difference between the two is the point at which the application is made and the circumstances under which it is requested. If you have questions about political asylum in the United States, contact us to schedule a legal consultation.