Key Differences Between “Affirmative” and “Defensive” Asylum Process
Individual has not been placed in removal proceedings before an Immigration Judge
Individual has been placed in removal proceedings before an Immigration Judge
Individual affirmatively submits Form I-589 to USCIS
If the individual was referred by USCIS, the asylum application already filed will carry over to the immigration judge. If the individual did not yet submit an asylum application he or she will submit it to the Immigration Judge.
Individual appears before a USCIS Asylum Officer for a non-adversarial interview
Individual appears before an Immigration Judge with the Executive Office for Immigration Review for an adversarial, court-like hearing
Individual must provide a qualified interpreter for the asylum interview
The Immigration Court provides a qualified interpreter for the asylum hearing and all other court proceedings.