Obtaining Asylum in the United States

Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

If you are eligible for asylum you may be permitted to remain in the United States. There are two ways of obtaining asylum in the United States:

1. Affirmative Asylum Processing With USCIS
2. Defensive Asylum Processing with EOIR

Affirmative Asylum Processing With USCIS

To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.

Defensive Asylum Processing with EOIR

A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

Reference: USCIS Websiste, 17-Jan-2012

For step-by-step information about the affirmative process and defensive process, please visit any of the Amervisa Immigration Law Offices, or call 800-549-5859.