It doesn’t matter how you came to the United States, and your current immigration status is not relevant. You must apply for this asylum within one year of entering the U.S. unless you can prove one of the following:
- Your circumstances changed and affected your eligibility for asylum, or extraordinary circumstances made it impossible for you to apply for asylum on time.
- You filed for asylum on time even though the circumstances described above were in place. Applying for affirmative asylum processing requires that you submit the Application for Asylum and for Withholding of Removal to the USCIS.
Defensive Asylum Processing
This type of asylum applies to anyone subject to removal from the U.S. It received this name because it is a defense against the removal process. To qualify, you must currently be in the process of being removed from the U.S. in immigration court.