Applying for asylum in the U.S. is a legal option for people fleeing persecution in their home countries. Asylum can be requested in two main ways: at the border or from within the country. Each option follows a specific procedure but aims to provide protection for those eligible under U.S. immigration laws.

The first method is defensive asylum, requested at the border when someone is detained while attempting to enter the country without proper documentation. This type of application requires a credible fear interview, where the applicant must demonstrate a real risk of persecution in their home country.

The second option is the affirmative asylum process, available to individuals already in the U.S. These applicants can voluntarily submit their claim to U.S. Citizenship and Immigration Services (USCIS) without being detained. It's crucial to apply within one year of arrival in the U.S., unless exceptional circumstances apply.

Both processes require applicants to prove their lives are in danger due to their race, religion, nationality, membership in a particular social group, or political opinions. The main difference is that defensive asylum involves a detention situation, while affirmative asylum is submitted voluntarily.

The wait time for case resolution can vary depending on the complexity and volume of cases. Applicants may be allowed to work while their application is pending, but following all the steps correctly is essential to avoid delays.

If you're considering applying for asylum, it's crucial to have an immigration attorney's help. They can guide you through the process, ensure all requirements are met, and increase your chances of success.

Are you considering applying for asylum? Contact me to start your process with the right legal support!

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