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Two Paths to Asylum
The two main ways of obtaining asylum in the United States are through the
affirmative process and through the defensive process.
| Key Differences
Between "Affirmative" and "Defensive" Asylum Process |
| Affirmative |
Defensive |
| Asylum-seeker has not been placed in removal
proceedings |
Asylum-seeker has been placed in removal
proceedings in Immigration Court |
| Asylum-seeker affirmatively submits his or
her asylum application to a USCIS Service Center |
Asylum-seeker:
- Is referred by an Asylum Officer
- Is placed in removal proceedings for immigration violations, or
- Tried to enter the U.S. at a port-of-entry without proper documents
and was found to have a credible fear of persecution or torture
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| Asylum-seeker appears before a USCIS Asylum
Officer |
Asylum-seeker appears before an Immigration
Judge with the Executive Office for Immigration Review |
| Non-adversarial interview |
Adversarial court hearing |
From U.S. Citizenship and Immigration Services
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