{"id":352732,"date":"2022-08-19T07:42:46","date_gmt":"2022-08-19T12:42:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/asylum-refugee\/affirmative-asylum-applications-vs-defensive-asylum-applications.html"},"modified":"2026-05-09T11:59:00","modified_gmt":"2026-05-09T16:59:00","slug":"affirmative-asylum-applications-vs-defensive-asylum-applications","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/asylum-refugee\/affirmative-asylum-applications-vs-defensive-asylum-applications.html","title":{"rendered":"Affirmative Asylum Applications vs. Defensive Asylum Applications: What’s the Difference?"},"content":{"rendered":"\n
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Affirmative Asylum Applications vs. Defensive Asylum Applications: What's the Difference?<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Meagan Neil, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Foreign nationals can apply for asylum through either the affirmative or defensive process<\/span>, depending on whether they are in removal proceedings<\/span>. Understanding which process applies to your situation helps you prepare for the requirements, timelines, and type of hearing you\u2019ll face.<\/p>\n\n <\/div>\n\n\n\n

Foreign nationals seeking asylum in the United States have two ways to file asylum applications<\/span>. First, the affirmative asylum<\/span> process<\/span>, and second, the defensive asylum<\/span> process<\/span>. The choice between these two will depend on the immigration status<\/span> of the applicant or whether formal\u00a0removal proceedings<\/span><\/a>\u00a0or deportation<\/span> have begun.<\/p>\n

An immigration attorney<\/span><\/a> can make the asylum application<\/span> process feel far less overwhelming by helping you understand which path\u2014affirmative or defensive\u2014applies to your situation and what each step requires.<\/p>\n

The goal of affirmative and defensive applications is to provide U.S. asylum. There are three ways to get asylum status in the United States, which are:<\/p>\n