What is the difference between a “defensive” and an “affirmative” asylum application?
The difference between a “defensive” and an “affirmative” asylum application is largely based on where the asylum application is being sought and the method by which it is filed. A defensive asylum application in Florida is when a person is already in deportation proceedings and files an application in order to remain in the United States. They are seeking refuge from harm due to their fear of persecution in their home country. This type of asylum application is made during deportation hearings. An affirmative asylum application is made before a person is in deportation proceedings, and is usually done by sending an application to the United States Citizenship and Immigration Services (USCIS). They are also seeking refuge from harm, but are applying with the intention of receiving a permanent residency in the United States. In either scenario, an affirmative or defensive asylum application, a person must show evidence of their persecution in their home country due to their race, religion, political opinion, nationality, or membership in a particular social group. This evidence is presented to the judge and must prove that the person has a “well-founded” fear of persecution if they were to return to their home country. If the judge is able to evaluate the person’s evidence and agrees that they qualify for asylum, then they will be allowed to stay in the United States and be granted permanent residency. If the judge denies the application, then the individual will be sent back to their home country.
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