Affirmative & Defensive Asylum

• Applicants must submit a form called I589 to the USCIS.
• When applying, the applicant must be in the United State.
• This must be filed within a year of applicant’s arrival

• Applicant must be in the removal proceeding in immigration courts.
• If the applicant was referred by the USCIS and applied for an affirmative asylum that was already carried over to the immigration judge.
• Applicant will submit their defensive application to the immigration judge.

If they have not begun a formal removal proceeding the applicant should apply for the affirmative asylum.

An applicant must be clear about why they fear persecution. They must show the courts that they suffered persecution in the past, the Applicant must demonstrate a credible reason for fearing persecution in the future. In most cases, a testimony from the applicant can be compelling enough if it’s believable.