User:Mauricio.Chandler/Asylum in the United states

Article Draft

Article body

• If an asylum seeker has been placed in removal proceedings before an immigration judge with the Executive Office for Immigration Review, which is a part of the Department of Justice, the individual may apply for asylum with the Immigration Judge. This type of application is regarded as defensive asylum. In this scenario, individuals assert their asylum claims as a defense against deportation. They appear before immigration courts and present their case defensively, often with the assistance of legal counsel, to argue why they should be granted asylum and allowed to remain in the country.
• If an asylum seeker is inside the United States and has not been placed in removal proceedings, he or she may file an application with U.S. Citizenship and Immigration Services (USCIS), regardless of legal status in the United States. However, if the asylum seeker is not in valid immigration status and USCIS does not grant the asylum application, USCIS may place the applicant in removal proceedings, in that case a judge will consider the application anew. The immigration judge may also consider the applicant for relief that the asylum office has no jurisdiction to grant, such as withholding of removal and protection under the United Nations Convention against Torture. Since the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), an applicant must apply for asylum within one year of entry or be barred from doing so unless the applicant can establish changed circumstances that are material to their eligibility for asylum or exceptional circumstances related to the delay. This type of asylum application is refered to as Affirmative asylum, which occurs when an individual proactively applies for asylum upon entering or residing in a country, typically through designated government agencies or immigration authorities. Applicants must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. They present their case affirmatively, providing evidence and testimony to support their claim.
• While both pathways ultimately seek the same outcome — protection from persecution — the key difference lies in the timing and context of the asylum claim. Affirmative asylum involves a proactive application process, while defensive asylum arises in response to deportation or removal proceedings. These pathways reflect the diverse circumstances under which individuals seek asylum and navigate complex legal systems in pursuit of safety and security.

Immigration clinics often find it easier to support clients seeking affirmative asylum rather than defensive asylum due to several key factors. Firstly, in affirmative asylum cases, individuals apply for asylum before they face deportation proceedings. This approach allows immigration clinics to prepare a case with time for gathering evidence, conducting interviews, and building a strong defense strategy.

Overall, the proactive nature, greater control over evidence, and less adversarial legal environment make it generally easier for immigration clinics to assist clients seeking affirmative asylum compared to defensive asylum. This underscores the importance of early intervention and comprehensive legal support in asylum-seeking processes.