The affirmative asylum process is available to individuals who are physically present in the United States and seek asylum based on past persecution or fear of future persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group. The process involves submitting an application to the U.S. Citizenship and Immigration Services (USCIS) within one year of the individual's arrival in the United States, attending an interview with an asylum officer, and providing evidence to support their claim.
The defensive asylum process is available to individuals who are already in removal proceedings before an immigration judge. This process is initiated by the individual as a defense to deportation, where the individual argues that they are eligible for asylum and therefore should not be deported to their home country. The individual must prove their eligibility for asylum, and the immigration judge will make a decision on the case. If the judge grants asylum, the individual may remain in the United States and may be eligible to apply for permanent residency after one year. If the judge denies the asylum claim, the individual may be ordered removed from the United States.
Please do not hesitate to reach out to Catala Immigration PLLC if you require assistance with either affirmative or defensive asylum.
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