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ICE Says Maine Med Nurse Overstayed Visa — So What Does Her Pending Asylum Claim Actually Mean?
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The Maine Wire
ICE also specifically told The Maine Wire that having a pending asylum application does not, by itself, grant someone legal immigration status.
Federal immigration court guidance distinguishes between an “affirmative” asylum application filed with the Department of Homeland Security by someone who is not yet in removal proceedings and a “defensive” asylum application filed before an immigration court by someone already facing removal.
According to ICE, Kapisha entered the United States on May 14, 2024.
Is Kapisha’s asylum claim an affirmative application filed with USCIS or a defensive application being considered as part of removal proceedings?
If her asylum application was filed after the one-year deadline, what exception is being asserted?