Introduction to Affirmative Asylum
Affirmative asylum is a legal protection that allows individuals in the United States to seek refuge due to persecution in their home country. This process is for individuals who are physically present in the U.S., regardless of their immigration status, and is handled by U.S. Citizenship and Immigration Services (USCIS). Unlike defensive asylum, which is applied for in immigration court as a defense against removal, affirmative asylum applicants must voluntarily submit an application before being placed in removal proceedings.
To qualify, applicants must demonstrate that they have suffered persecution or have a well-founded fear of persecution based on one or more of the following grounds:
• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion
A successful asylum claim grants individuals the right to live and work in the U.S. and eventually apply for a green card. Consulting with an Orange County Asylum Attorney can provide applicants with a clearer understanding of their eligibility and legal rights.
Applying for Affirmative Asylum with USCIS
To initiate the asylum process, applicants must follow these key steps:
Step 1: File Form I-589
• Applicants must complete and submit Form I-589, Application for Asylum and for Withholding of Removal to USCIS within one year of their last arrival in the U.S.
• Some exceptions apply if the applicant can prove extraordinary circumstances or significant changes in their home country that affect eligibility.
Step 2: Biometrics Appointment
• After USCIS receives the application, they will schedule a biometric services appointment at an Application Support Center (ASC) to collect fingerprints, photographs, and other necessary data.
• Failing to attend this appointment can delay or even jeopardize the asylum application.
Step 3: Prepare for the Interview
• USCIS will schedule an interview with an asylum officer, typically at a USCIS Asylum Office.
• Applicants must bring valid identification and any supporting documents related to their case.
Working with an Asylum Attorney throughout this process can help ensure that all forms are correctly filled out and submitted on time.
Change of Address
Since the asylum process can take months or even years, it’s crucial to keep USCIS updated on any change of address.
• If an applicant moves to a new address, they must notify USCIS within 10 days by submitting Form AR-11, Alien’s Change of Address Card.
• Failure to update an address can result in missing important notices, which can negatively impact the case.
It is advisable to update the address both online through USCIS’s Change of Address tool and by mailing a physical form if required. An Orange County Asylum Attorney can assist applicants in ensuring their case remains in good standing after relocation.
Prepare for the Asylum Interview
The asylum interview is a critical step in the process, where applicants must provide detailed information about their persecution claims. To ensure a smooth interview:
• Gather all necessary documents: This includes identification, passport copies, affidavits, and supporting evidence such as police reports or medical records.
• Prepare a detailed and truthful testimony: Applicants must be ready to explain their experiences clearly and consistently.
• Bring an interpreter if needed: If the applicant is not fluent in English, they must bring an interpreter who speaks both English and their native language fluently. USCIS does not provide interpreters.
A knowledgeable Asylum Attorney can help applicants prepare for the interview, ensuring they present their case effectively and avoid inconsistencies.
5. Interview Process and Documentation
The asylum interview is non-adversarial, meaning it is conducted in a less confrontational manner compared to court proceedings.
What to Expect at the Interview:
1. The officer will review the applicant’s identity documents and biometrics.
2. The applicant will be asked about their background, family, travel history, and reasons for seeking asylum.
3. If applicable, the interpreter will translate responses.
4. The officer may ask follow-up questions to clarify details.
5. At the end of the interview, the officer will explain what happens next.
Supporting Documentation:
Applicants should submit all supporting evidence before the interview, including:
• Witness statements
• News articles supporting their claim
• Reports on human rights conditions in their home country
An experienced Orange County Asylum Attorney can help applicants gather and organize the strongest possible evidence for their case.
Decision and Appeals
After the interview, USCIS will review the case and issue a decision. There are three possible outcomes:
Approval:
• If asylum is granted, the applicant is eligible to apply for a green card one year later.
• The applicant can also petition for certain family members to join them in the U.S. under derivative asylum.
Referral to Immigration Court:
• If USCIS does not approve the case and the applicant has no valid immigration status, they will be referred to an immigration judge for further review.
• The immigration court process allows the applicant to present their case again and, if necessary, file an appeal.
Denial (If in valid status):
• If the applicant is in a valid immigration status at the time of denial, USCIS will not refer the case to court.
• The applicant may still apply for other forms of relief if eligible.
If the case is denied in immigration court, the applicant can appeal the decision to the Board of Immigration Appeals (BIA) and, if necessary, to the federal courts. A dedicated Asylum Attorney can assist with appeals and ensure all legal options are explored.
Make the Process Faster
The asylum process can be lengthy, but there are steps applicants can take to help speed it up:
File as Early as Possible
• Since asylum applicants must apply within one year of arrival, submitting an application sooner may result in a faster decision.
Submit a Complete Application
• Ensure all forms are accurately completed and all required documents are included when filing. Incomplete applications lead to delays.
Attend All Appointments and Interviews
• Missing a biometric appointment or interview can significantly delay processing. Make sure to attend all scheduled appointments on time.
Provide Strong Evidence Upfront
• Submitting well-documented evidence of persecution or fear of persecution can help USCIS make a quicker determination.
Follow Up with USCIS
• If the case has been pending for a long time, applicants can request updates through USCIS’s online case status tool or by contacting an immigration attorney.
Applying for asylum is a complex and life-changing process. The affirmative asylum process requires careful preparation, strong supporting evidence, and compliance with USCIS procedures. While delays and legal hurdles can arise, applicants who remain diligent, organized, and well-informed will improve their chances of a successful outcome.
For the best results, seeking guidance from an experienced immigration attorney can make a significant difference in navigating the legal process and avoiding common pitfalls. At Marsan Akguc Law Firm, our experienced attorneys are always available to provide expert guidance and legal support throughout your asylum process. Consulting with an Orange County Asylum Attorney can ensure that your case is handled with the utmost care and professionalism.