Asylum (Asilo Defensivo Y Afirmativo)

Asylum, both defensive and affirmative, is a legal protection offered by the United States to individuals who have fled their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Defensive asylum applies to individuals who are in removal proceedings, while affirmative asylum is for those who are not in removal proceedings and proactively seek asylum.

To apply for defensive asylum, individuals typically need to appear before an immigration judge during their removal proceedings and present their case for protection. It is essential to provide compelling evidence and testimony to demonstrate eligibility for asylum. On the other hand, individuals seeking affirmative asylum must file an application with the U.S. Citizenship and Immigration Services (USCIS) within one year of their arrival in the United States. They will undergo an interview and need to provide supporting evidence to substantiate their claim. Successful asylum applicants may be granted refugee status, which allows them to live and work in the United States and eventually pursue permanent residency and citizenship.

It is crucial for individuals seeking asylum to understand the intricacies of the process, consult with an immigration attorney or legal aid organization, and ensure they meet the necessary criteria to increase their chances of a successful asylum application.