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A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).
There are two paths to claim asylum in the U.S. The affirmative asylum process is for individuals who are not in removal proceedings and the defensive asylum process is for individuals who are in removal proceedings.
An asylee?or a person granted asylum?is protected from being returned to his or her home country, is authorized to work in the United States, may apply for a Social Security card, may request permission to travel overseas, and can petition to bring family members to the United States.
If you want to apply for asylum, you must file your Form I-589 with EOIR. To locate where to file your Form I-589 with EOIR: Use the EOIR hotline or online system to locate an address for the immigration court where you must file your Form I-589; or.
To apply for asylum in the U.S., you must be physically present in the U.S. To apply for asylum, you should file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS within 1 year of your last arrival in the United States (unless you qualify for an exception to the 1-year filing deadline).