Posted by: Mr33Sajha April 9, 2022
Login in to Rate this Post:
0 
? 
?
Living Illegally in the U.S. Doesn't Prevent Applying for Asylum
The fact that you are in the U.S. illegally is no bar to applying for asylum. You would need to either submit an application on your own (an "affirmative" application), within certain time limits, or if you are caught by the immigration authorities, apply for asylum during your immigration court hearing.
Applying affirmatively offers many advantages. It means that the first hearing on your claim would not be in immigration court (also called the "Executive Office for Immigration Review" or "EOIR"), and you wouldn't face cross-examination by a government attorney. Instead, you'd meet one-on-one with a trained asylum officer, who would listen to your account of what happened and what you fear, and could approve your claim. And if the officer denied your claim, you'd still be able to make the same claim again in immigration court.
The fact that you are in the U.S. illegally is no bar to applying for asylum. You would need to either submit an application on your own (an "affirmative" application), within certain time limits, or if you are caught by the immigration authorities, apply for asylum during your immigration court hearing.
Applying affirmatively offers many advantages. It means that the first hearing on your claim would not be in immigration court (also called the "Executive Office for Immigration Review" or "EOIR"), and you wouldn't face cross-examination by a government attorney. Instead, you'd meet one-on-one with a trained asylum officer, who would listen to your account of what happened and what you fear, and could approve your claim. And if the officer denied your claim, you'd still be able to make the same claim again in immigration court.