Dallas Affirmative Asylum & Defensive Asylum Lawyer
Seeking asylum can be a complex and emotionally charged process. No matter if you’re navigating the affirmative asylum process or find yourself in need of defensive asylum, Meaders Law PLLC is here to offer comprehensive and personalized legal support. Our experienced team recognizes the importance of securing a safe and stable future for you and your family, and our attorney can walk you through the process and advocate passionately on your behalf.
If you are seeking asylum, call our firm today at (888) 203-1706. We offer legal services in English and Spanish.
What Is the Difference Between a Refugee & an Asylum Seeker?
According to the U.S. Department of Homeland Security, a refugee is “a person outside his or her country of nationality who is unable or unwilling to return to his or her country of nationality because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”
Asylum seekers, also known as asylees, need to meet the same requirements as refugees—and the only distinction between the two is location. Asylees are already in the United States or present at a port of entry. This difference necessitates two unique application processes.
Understanding Affirmative & Defensive Asylum
Affirmative asylum refers to the process where individuals proactively apply for asylum through the U.S. Citizenship and Immigration Services (USCIS) without being in removal proceedings. This route is typically accessible to individuals who are physically present in the United States, regardless of how they arrived or their current immigration status, provided they submit their application within one year of their last arrival.
The process involves filing Form I-589, attending an interview with an asylum officer, and proving that they are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Affirmative asylum seekers are often at an advantage as they have more time to prepare their case, gather evidence, and are not detained during the process.
On the other hand, defensive asylum arises in the context of removal proceedings. This option is for an individual facing deportation but claims asylum as a defense against removal from the United States. Individuals can end up in defensive asylum proceedings after being apprehended in the U.S. without legal status or after an affirmative asylum application has been denied and referred to the Immigration Court by the USCIS.
The defensive asylum process can be significantly adversarial—involving a formal court hearing before an immigration judge where the individual and their attorney must present evidence and argue their case against a government attorney. The burden of proof remains the same as in affirmative asylum cases, but the stakes are notably higher given the immediate risk of deportation.
While this lays out the major differences between the two types of asylum, it’s important to note that no two cases are the same, so having an attorney on your side who understands your unique situation and potential roadblocks can be an incredible asset in navigating the process.
How Meaders Law PLLC Can Help
Our Dallas affirmative and defensive asylum lawyer can play a pivotal role in the asylum-seeking process, offering not just legal guidance but also compassionate support during a critical time. Our firm can help you understand the complexities of immigration law, ensuring your application or defense is as strong as possible.
We guide you through every step of the process—from meticulously preparing your case and gathering essential evidence to representing you in interviews or court hearings. At Meaders Law PLLC, we are deeply committed to standing with our clients, championing their rights and dignity, and striving to ensure their voices are heard in their pursuit of protection.
Call our team today at (888) 203-1706 or reach out online to schedule a consultation.
