Do You Need Affirmative Or Defensive Asylum?

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Claxton Law can help you and your family apply for Affirmative or Defensive Asylum. Click the button below to connect with us on WhatsApp and find out how we will fight your case today.


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You MUST file for asylum within 1 year of entering the U.S., or you may lose your chance. Luckily, Claxton Law Group is here to help.

How We Will Evaluate Your Case:

Asylum Office

Luckily Most will be allowed to apply for Asylum at the government’s Administrative offices of USCIS United States Citizenship and Immigration Services Asylum office. Some states do not have an Asylum office, so you may have to go to another state to the Asylum office in charge of your area. This is considered an Affirmative Asylum because the applicant voluntarily submits their application without any interaction with any government agency such as Customs and Border Patrol (CPB) or Immigration & Customs Enforcement (ICE).

Immigration Court

If you crossed the border and were stopped by Customs and Border Patrol CBP/ICE or were stopped  at the Airport by the CBP/ICE and requested Asylum, you can be placed in Removal Proceeding before the Department of Justice Executive Office of Immigration Review Immigration Court.  In this case, the applicant will have to fight their case in Court before an Immigration Judge and with a Prosecutor so this is considered a Defensive Asylum.

What Is An Asylum Claim?

1) The Applicant must show they are the victim of Persecution:  PAST OR FUTURE. Persecution is a pattern of credible threats or attacks that can be verbal or physical

2) The Applicant must prove that they suffered persecution in the past or must prove there is a strong probability of suffering persecution in the future.

3) The persecutors can not be random criminals or people. It must come from the government or a group that the government is unable or unwilling to control

4) There must be Reasonable fear of returning to the applicant’s home country

5) The Applicant must fall into one of the five protected grounds i.e.your political opinion or your religion or your race or your national origin or your particular social group

6) Must Prove that there is a link/nexus between the persecution and one the five protected grounds. In other words, the reason behind the persecution must be because the applicant falls into one of these protected grounds.

Don’t Wait! let Us Help You With Your Asylum Claim Today


What Is The Difference Between Affirmative And Defensive Asylum?

The difference is mainly how you entered the United States and if you had contact with Customs and Border Patrol CBP/ ICE Immigration and Customs Enforcement

If you enter the United States with a valid Passport from your home country and a US Visa to enter the United States for example a Tourist Visa or Student Visa then after arriving in the United States you decide to apply for Asylum because you fear returning to your home country this Affirmative asylum.

What Is A Particular Social Group?

A particular social is a group of people that have become more visible to their persecutors and therefore more likely to be pursued and suffer persecution

What Are The Benefits Of Winning Your Asylum Claim?

YOU WILL BE GRANTED LEGAL PERMANENT RESIDENCY IN THE UNITED STATES!If you win your asylum claim, your immediate family members who are included in your application automatically win too and get residency as well.

What If I Left My Family Back Home?

Once you win your asylum you don’t have to wait to become a citizen or a Legal Permanent Resident to bring your family.  You can apply to bring your family immediately. This only applies to immediate family members. Spouse and children.

When Can I Apply For Citizenship?

After 5 years you can apply for Citizenship

When Can I Apply For Family Members Such As Mother, Father, Siblings?

You must be a U.S Citizen to apply to bring extended family to the U.S. so once you have obtained your citizenship.

Why Choose Claxton Law?

Get The Legal Protection You Need!

At Claxton Law PLLC, we make it our mission to defend and protect the rights of every one of our clients. Our firm’s main priority is to empower you to achieve the best possible outcome in your case!