The United States has long been a place of refuge for those fleeing persecution and seeking a safe haven. One of the primary pathways for individuals seeking protection in the U.S. is through asylum. There are two types of asylum applications: affirmative and defensive. This blog focuses on the affirmative asylum application, explaining the process, requirements, and key considerations for those pursuing this path.
What is Affirmative Asylum?
Affirmative asylum is a legal process through which individuals who are already physically present in the United States, or who have arrived at a port of entry, can apply for asylum voluntarily. It is designed for those who fear persecution based on race, religion, nationality, membership in a particular social group, or political opinion if they were to return to their home country.
Unlike defensive asylum, which is sought during deportation proceedings, affirmative asylum applications are made proactively before the individual is placed into removal proceedings.
Who Can Apply for Affirmative Asylum?
To apply for affirmative asylum, you must:
- Be physically present in the U.S.: This includes individuals who are already in the U.S. or those who have recently arrived at a U.S. port of entry.
- File within one year of arrival: The general rule requires applicants to submit their application within one year of their last entry into the U.S., though there are exceptions for extraordinary circumstances or changes in country conditions.
- Have a fear of persecution: You must have a genuine fear of persecution in your home country based on one or more of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
The Affirmative Asylum Process: Step-by-Step
- Filing the Application (Form I-589): The process starts with filing Form I-589, Application for Asylum and for Withholding of Removal with U.S. Citizenship and Immigration Services (USCIS). This form includes detailed questions about your background, the reasons you fear returning to your country, and any supporting documentation. You must ensure that all information provided is accurate and complete, as any inconsistencies could hurt your case.
- Fingerprinting and Background Check: After submitting your asylum application, you will be required to attend a biometric services appointment to have your fingerprints and photograph taken. This background check ensures you do not pose a security threat to the United States.
- Asylum Interview: One of the most critical steps in the affirmative asylum process is the interview. USCIS will schedule an interview for you at one of its Asylum Offices, typically within 45 days of filing your application. At the interview, you will have the opportunity to explain your case in detail to an asylum officer, providing evidence and answering questions about your fear of persecution.
It’s essential to be well-prepared for this interview. You may bring an attorney or representative, as well as a trusted interpreter, if needed. The officer will assess your credibility and the likelihood of persecution if you were to return to your home country.
- Decision: After your interview, the asylum officer will review your application and the information provided. You can expect a decision within two weeks of the interview, though this timeline may vary. The possible outcomes are:
- Grant of Asylum: If granted asylum, you are allowed to remain in the U.S., and you may apply for permanent residency (a green card) one year after receiving asylum status.
- Referral to Immigration Court: If your asylum application is denied, USCIS will refer your case to an immigration judge, where you may pursue defensive asylum as part of removal proceedings.
Key Considerations for Affirmative Asylum Applicants
- Meeting the One-Year Filing Deadline: It’s crucial to apply for asylum within one year of entering the U.S. unless you have a valid reason for the delay, such as changes in your country’s conditions or extraordinary personal circumstances.
- Providing Sufficient Evidence: A successful asylum application relies heavily on the quality of the evidence you provide. This includes documentation, testimonies, country condition reports, and any other relevant materials that can substantiate your claim of persecution. The more detailed and consistent your case is, the higher your chances of approval.
- Legal Representation: Although it is not required to have an attorney during the affirmative asylum process, having one can significantly strengthen your case. An experienced immigration attorney can help prepare your application, guide you through the interview, and ensure you present a well-organized and compelling case.
- The Importance of Credibility: Your credibility is critical. Any inconsistencies in your statements, documents, or testimony can damage your case. Be honest and clear when presenting your fear of persecution and ensure your narrative remains consistent from the application to the interview.
- Changes in U.S. Asylum Policy: U.S. asylum laws and policies can change over time, sometimes dramatically. It’s important to stay informed about any new developments in asylum law, such as updates to the eligibility criteria or application procedures, which may impact your case.
Life After Asylum
If your affirmative asylum application is approved, you’ll be granted protection and can stay in the U.S. You’ll also have the opportunity to apply for lawful permanent residency after one year and, eventually, U.S. citizenship. Additionally, you can petition for certain family members to join you in the U.S. under derivative asylum status.
Conclusion
The affirmative asylum application process can be complex and intimidating, but it offers a vital pathway for those seeking protection in the United States. Understanding the process, knowing the requirements, and being prepared at every step can increase your chances of success. Whether you are fleeing political persecution, religious discrimination, or threats based on your identity, asylum is a lifeline for individuals needing safety and a fresh start.
If you believe you qualify for asylum, consider consulting with Attorney Abby Bekele, Esq., who has more than 8 years of experience in immigration law to guide you through the process and protect your rights every step of the way.
Disclaimer: This is Not Legal Advice
The information provided in this blog is for general informational purposes only and should not be construed as legal advice. While we strive to ensure that the information is accurate and up to date, it may not reflect the most current legal developments. Immigration laws and policies are subject to change, and individual circumstances can vary greatly. Therefore, you should consult with a licensed immigration attorney or qualified legal professional for advice specific to your case. Reliance on the information provided in this blog is solely at your own risk.
