Expert Answer: ### Asylum Grant Process: Interview vs. Court Hearing
1. **Asylum Officer Interview (Affirmative Asylum Process):**
- If you applied for asylum **affirmatively** (not in removal proceedings), your case is first reviewed by a **USCIS asylum officer**.
- If your case is **approved**, you get asylum directly.
- If **not approved**, your case is referred to **immigration court** for a hearing before a judge.
- **Approval rate:** Varies, but typically **lower** than court approvals, as officers apply strict standards.
2. **Immigration Court Hearing (Defensive Asylum Process):**
- If you are **in removal (deportation) proceedings**, you present your case before an **immigration judge**.
- The government may argue against your asylum claim.
- You have a better chance with **legal representation and strong evidence**.
- **Approval rate:** Higher than the asylum office, but outcomes depend on the judge, the strength of your case, and legal representation.
### Which Has a Higher Chance of Approval?
- **Statistically, asylum grants in immigration court tend to be higher** than at the asylum office, especially with legal representation.
- However, it is always better to **win at the asylum office** to avoid the stress of court and possible deportation risks.
### Key Factors Affecting Approval:
- Strength of your asylum claim (credible fear, supporting evidence, testimony).
- Legal representation (having an immigration lawyer greatly increases success).
- Judge or asylum officer assigned to your case.
If you are in this process, **seeking legal help is strongly recommended** to improve your chances.
