Understanding the Asylum Application Process
The process of applying for asylum in the United States can be intricate and daunting. There are primarily two established methods: affirmative and defensive asylum applications.
Additionally, a 2022 regulation known as the Asylum Processing Rule introduced a third pathway, incorporating aspects of both methods with an expedited timeline for certain individuals arriving from the border.
Affirmative Asylum
For those not in removal proceedings, or designated as “unaccompanied children” even if in such proceedings, affirmative asylum is an option. This application is submitted through U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS). Should the USCIS asylum officer deny the application and the individual lacks lawful immigration status, they are referred to immigration court. There, they can renew their asylum request through the defensive process and present their case before an immigration judge.
Defensive Asylum
Defensive asylum is available to individuals already in removal proceedings. This involves filing an asylum application with an immigration judge at the Executive Office for Immigration Review (EOIR). Essentially, this method serves as a defense against removal from the U.S. It’s important to note that, unlike the criminal court system, EOIR does not provide appointed counsel for individuals in immigration court, regardless of their ability to hire an attorney.
The Asylum Processing Rule
The Asylum Processing Rule, enacted in 2022, offers a third option combining elements of both affirmative and defensive processes on a faster timeline. This pathway is specifically designed for some individuals arriving at the U.S. border, aiming to expedite the asylum decision-making process.
Contact Rahimi Law Firm P.C.
Our experienced team is here to help you file for asylum, whether you are seeking affirmative or defensive asylum. Contact us today to ensure your application is handled adequately.
