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What are the two ways to obtain asylum in the United States?

On Behalf of | Jun 21, 2021 | Immigration Law

When you are an immigrant seeking to come to the United States through Texas, you want all the help you can get. If you are looking to seek asylum, you will have to go through certain channels according to the country’s immigration laws. This can help you get a leg up on the American dream.

How can you legally obtain asylum?

If you want to seek asylum in the country, you have two options available to you. Which one you choose to become a legal resident depends on your current immigration status. It’s important to know how these two means differ from one another. The two ways to obtain asylum include the following:

  • Affirmative asylum: If you are physically present in the U.S., you can obtain asylum through the affirmative asylum process. You have to apply within one year from the date you last arrived in the country unless you are able to prove that your circumstances have changed to the point where your ability to file is affected or you filed within a reasonable amount of time as a result of your circumstances. To apply, you must submit Form I-589, Application for Asylum and for Withholding of Removal to the United States Citizenship and Immigration Services or USCIS. You’re allowed to live in the country while your form is pending.
  • Defensive asylum: You can apply for defensive asylum if you are at risk of being removed from the US. You must be in removal proceedings with immigration court with the Executive Office for Immigration Review or EOIR in order to be eligible to obtain asylum this way. You are placed before an immigration judge if you’re deemed ineligible for asylum, apprehended at a port of entry without the right documentation or placed in the expedited removal process but determined to have a valid fear of torture or persecution by an asylum officer.

Who can you turn to for help?

An attorney can help you through the asylum process whether you go through the affirmative or defensive asylum process. Immigration law is on your side and your attorney can protect your rights.