User Question: Hello, I entered the USA three months ago via the border with Mexico. I received parole and entered. The issue is that while trying to hire a lawyer, they told me my case is not with EOIR; instead, I have to send my I-589 to USCIS, though I have an A-number. I prefer defensive asylum, but the lawyer says it's going to be affirmative. How is that possible? Does anyone have experience with this? I need help, please.

Expert Answer: Your lawyer is correct. Since you were paroled into the U.S. and **not placed in removal proceedings**, your asylum case will go through the **affirmative process** with USCIS. Defensive asylum applies only to individuals in removal proceedings before EOIR. Having an A-number does not automatically mean your case is with the immigration court. If you want to confirm your status, check the EOIR hotline (1-800-898-7180) or your online EOIR case status. If no case exists, you must file Form I-589 with USCIS before your one-year deadline.