The first article in this series explained that a person seeking asylum in the United States is within the definition of a refugee. The second explained the two different ways to request asylum. This article will go in-depth into the second way to apply for asylum: defensive asylum applications.
After months of what seemed like endless waiting, the United States Supreme Court finally issued its decision last Thursday, June 23rd, regarding the extension of DACA and going forth with the DAPA program. For those of you who don’t know what the DACA extension and the DAPA program are, here’s a quick rundown regarding the issues that the eight justices of the Supreme Court had to settle.
The process for someone seeking refugee status through asylum can be divided into two categories: affirmative and defensive. An affirmative asylum application is one that is presented when the applicant is not in removal (deportation) proceedings. A defensive application is presented when a person is in removal proceedings. This article gives an overview of both processes.
With the increased call to help refugees, many people often wonder what is the difference between a refugee and someone seeking asylum. These two terms are often used interchangeably, but under the United States immigration law, there is a distinct difference between these two groups of people, including the process in which they are granted legal status in the United States and the resources available to them.