The "affirmative" process and the "defensive" process describe the two ways an individual may apply for asylum in the US. Affirmative Asylum Under the affirmative process, a noncitizen who is not currently in removal proceedings may apply for asylum through the U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security. If a USCIS asylum officer denies the asylum application and the applicant does not have valid immigration status, the officer refers that person for deportation. In the course of deportation proceedings, the applicant can again apply for asylum "defensively," while before an immigration judge. Defensive Asylum...

We mentioned in a previous post that if you file a bona fide application for asylum, that application while pending will stop the accumulation of unlawful presence time in the United States. Which raises the question—what does it mean for an asylum application to be “bona fide”? A “bona fide” application for asylum means that application has a reasonably arguable basis in fact or law, and is not frivolous. This interpretation is not in the text of the U.S. immigration statutes but rather comes from the Department of Homeland Security’s (DHS) interpretation. As the USCIS has explained: DHS has interpreted...

The United States extends many protections to individuals who successfully gain asylum, and those protections allow noncitizens to escape the persecution in their home countries. Most significantly--asylees are safe from being returned to their countries of origin. Asylees also may find opportunities in the U.S. after receiving their asylum status. Asylees can receive work authorization, receive a Social Security card, request permission to travel abroad, and request to bring family members to the U.S. Certain government services, such as Medicaid or Refugee Medical Assistance, may also be available. After one year, an asylee can apply for lawful permanent resident status...

The United States used to lead in helping resettle displaced individuals, but that changed under President Trump's administration, which reduced the number of refugees accepted into the country to a record annual low. In fiscal year (FY) 2020 the U.S. resettled approximately 11,800 refugees—a steep drop from 207,000 in 1980, when the program began, and 70,000 to 80,000 in more recent years. President Trump's administration set the cap at 15,000 resettled persons. See Refugees and Asylees in the United States (MPI). This year, President Joe Biden has increased the limit for resettlements in FY 2021 to 62,500. The administration also has pledged...

Under United States law, asylees and refugees differ based on one respect: the location from which they apply for asylum. A refugee seeks entry and protection before entering the United States. The U.S. Code provides the following definition: The term “refugee” means (A) any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country...

Asylum is a form of protection granted under United States law, which allows a non-citizen person to remain in the U.S. instead of being removed or deported to a country where that person fears persecution or harm. To apply for asylum a person must be physically present in the U.S. or seeking entry into the U.S. at a port of entry. By contrast, a refugee is someone who applies for protection from outside the U.S. through the U.S. Refugee Admissions Program (USRAP). Modern asylum law can be traced to mass migrations that occurred after the aftermath of World War II....