Defensive versus Affirmative Asylum Application

Asylum is a form of immigration available to individuals and families who are seeking refuge from their home country because of war, religious persecution, or some other form of harm. There are two different types of asylum that immigrants can apply for: affirmative and defensive asylum.

Immigrants seeking affirmative asylum are applying for asylum in a non-court setting, such as at a local immigration office. To apply for affirmative asylum the immigrant must not be in removal proceedings or have received a notice to appear (NTA).

Defensive asylum is for immigrants who are currently in removal proceedings or have received a notice to appear. This is the next step you can take if your application for affirmative asylum was denied or if you are facing deportation for another reason. Defensive asylum seekers must present their case in court with an immigration judge.

Both affirmative and defensive asylum seekers are fleeing danger and the most vulnerable type of immigrant. At Ray Law International, we are aware of the many qualifications you must meet in order to obtain asylum and are committed to helping you get the refuge you and your family deserve. Contact us today at (888) 474-8048 to schedule a consultation with our Chicago asylum attorneys.