When applying for asylum, it’s important to learn about the process and how to strengthen your application and interview. There are two types of asylum processes: affirmative and defensive. The defensive process applies when the government actively seeks to remove you from the country. This blog focuses specifically on the affirmative asylum process.
What is the Affirmative Asylum Process?
The affirmative asylum process is for individuals who are not in removal proceedings and wish to apply for asylum affirmatively through U.S. Citizenship and Immigration Services (USCIS).
This process involves three steps: application, biometrics, and interview. Timing is key, as you must apply for asylum within one year of your last entry into the United States.
If you miss the one-year deadline, you may still qualify if:
- Circumstances beyond your control prevented timely filing.
- Changes occurred in your personal circumstances.
- Conditions in your home country changed significantly.
Keep in mind that a lack of awareness about the deadline or financial hardship in hiring a lawyer will not excuse late filing.
The Steps in the Affirmative Asylum Process
Step One: Application
The first step in the affirmative asylum process is completing Form I-589, Application for Asylum and for Withholding of Removal. There is no government filing fee for this form. Your application should include detailed information about your claim for asylum. It is backed by documentation supporting your fear of persecution.
The purpose of applying for asylum is to prove that you:
- Have suffered past persecution due to a protected ground (e.g., race, religion, nationality, political opinion, or membership in a particular social group).
- Have a well-founded fear of future persecution if returned to your country of origin.
Work Authorization
Many applicants want to know how to legally work while their asylum application is pending. Below are the key details:
- You can apply for a work permit 150 days after filing your asylum application.
- Your first work permit application is free of government fees, but attorney fees may apply.
- Work permits are valid for two years, and renewals require a $410 filing fee. You must renew six months before your current permit expires.
Step Two: Biometrics
The biometrics appointment is the second step, where USCIS collects your fingerprints and other identifying information. This data is used to verify your identity and check for any criminal or immigration history that could impact your eligibility.
Attendance at the biometrics appointment is mandatory. Missing this appointment can delay your application or result in denial.
Step Three: Interview
The final step in the process is the interview with a USCIS asylum officer. During this interview, the officer will review your application and ask questions to assess your claim.
Key tips for a successful interview:
- Be truthful and transparent in your answers.
- Rest well the night before and bring water, as interviews can last several hours.
- Work with your attorney to prepare for potential questions and address weaknesses in your case.
Your attorney can be present during the interview to provide support and procedural fairness. It's also important to update your address with USCIS to avoid missing any notifications, including the interview notice.
Decision
After your interview, you can typically expect a decision on your case within a few weeks. However, the process may take longer as USCIS conducts additional research or background checks.
If your application is approved, you will receive written notification and gain "asylee status." This allows you to live and work freely in the United States. One year after approval, you become eligible to apply for Lawful Permanent Residence. This is also commonly known as a "green card."
If your application is not granted, you still have another chance to win. USCIS will refer your case to an immigration judge, who will review it and then decide whether to grant or deny it.
Applying for and winning asylum can be a lengthy process. It can take years to be called for an interview. Be patient and truthful throughout the process. Ahmad & Associates is here to guide you through every step. With over 25 years of combined experience in immigration law, we help our clients achieve the best possible outcomes.
If you’re ready to begin your journey or have questions about the affirmative asylum process, contact us today to schedule a consultation. We’re here to help you move forward with confidence.
