Affirmative Asylum

People who have been persecuted on account of their race, religion, nationality, political opinion, or membership in a social group may be eligible to seek protection in the United States by being classified as an asylee.  Currently there are two distinct ways of obtaining asylee status.  One way is through Defensive Asylum processing but that is really only used by individuals who are being threatened with deportation. The other way is through the Affirmative Asylum process.

You are eligible for Asylum:

  1. If you can establish that your race, religion, nationality, membership in a social group, or political opinion has caused you to fear persecution in your country of nationality or habitual residence.
  2. If you are physically present in or seeking admission to the United States.
  3. If it has been less than a year since you arrived in the U.S.
  4. If you have not had a previous asylum petition denied by an immigration Judge or the Board of Immigration Appeals.
  5. If there is no possibility of moving you to another country where you can reside safely.

You are not eligible for Asylum:

  1. If you ordered, incited, assisted or participated in the persecution of any person due to their race, religion, nationality, membership in a social group or political opinion.
  2. If you have committed a “particularly serious crime” that could be considered a threat to the United States.
  3. If you have committed a serious nonpolitical crime outside the United States.
  4. If you pose a danger to the national security of the United States.
  5. If you were able to become firmly resettled in another country before you came to the United States.
  6. If you have engaged in terrorist activity.
  7. If you are engaged in or are likely to engage in terrorist activity once you enter the United States.
  8. If you have ever incited terrorist activity.
  9. If you are a representative of a terrorist organization.
  10. If you are a member of a terrorist organization.
  11. If you have ever persuaded others to support terrorist activity or an organization.
  12. If you have ever received military-type training from or on behalf of any organization that at the time of training was considered a terrorist organization.
  13. If you are the spouse or child of an individual who is inadmissible because of the above bars within the last 5 years.

Procedure


  1. Arrive in the United States.
  2. You must begin the asylum process within one year of your latest arrival in the U.S.
  3. Complete Form I-589, Application for Asylum.
  4. Include Required Documentation.
  5. File the Form I-589 and the required documentation with USCIS.
  6. You will then receive a filing receipt and an appointment notice to have your fingerprints taken at your local Application Support Center.
  7. Take your appointment notice to the appointment at the A.S.C. (As an asylum applicant you do not have to pay the fee).
  8. You will then receive an interview notice from USCIS detailing when and where to attend your interview.
  9. Attend your interview.
  10. Generally, you will receive a determination of your case about two weeks after you attended your interview.

Required Documentation

  1. If you are including your spouse in your application then you must include three copies of your marriage certificate.
  2. If you are including your spouse in your application then you must include three copies of proof of termination for any prior marriages.
  3. If you are including your children in your application then you must include three copies of each child’s birth certificate.
  4. Include two copies of your completed Form I-589.
  5. Include an additional copy of the completed Form I-589, with required documents, used to apply for each one of your dependent family members.
  6. Include one passport style photograph of yourself and of each additional family member included in your application. These photos must have been taken within 30 days of filing your application. Also, print your complete name and A-number on the back of your photo.
  7. Include three copies of all passports (cover to cover) or other travel documents used by you and each of your dependent family members.
  8. Include three copies of all immigration documents used by you and each of your dependent family members.
  9. Include three copies of all other identification documents such as your birth certificate, military I.D. and driver’s license. Also, bring the originals to your interview.
  10. Include evidence of the conditions in the country from which you are seeking asylum.
  11. Include evidence of your well-founded fear of persecution based on your race, religion, nationality, or membership in a social group or political opinion. Evidence can include newspaper articles, affidavits of witnesses or experts, medical records, psychological records, doctor’s statements, periodicals, journals, books, photographs, official documents and personal statements or live testimony from witnesses or experts.
  12. If you have difficulty discussing the physical and psychological harm done to you then you should consider including a health professional’s report explaining this difficulty.
  13. If you cannot collect any evidence demonstrating your fear of persecution due to lack of availability then you must include a Form I-589, Supplement B, or additional sheets of paper with an explanation of why evidence is not available.
  14. If you are represented by an attorney or representative in these proceedings then you must include a Form G-28, Notice of Entry of Appearance as Attorney or Representative.

Interview Documents


The following documents are needed for your Asylum interview

  1. Identification
  2. Any passports you have
  3. Your Form I-94, Arrival-Departure Record, (If you received one)
  4. Original birth certificates
  5. Original marriage certificates
  6. Originals of any documents filed with your Form I-589
  7. A copy of your Form I-589
  8. Copies of all supplementary evidence filed with your Form I-589
  9. Any additional evidence that you have not already filed with USCIS but that would still help evidence your eligibility.
  10. If your spouse and/or children are applying derivatively then you must bring them to your interview along with all of the above that applies to their cases.

FAQ

Q1. Is it possible to apply for asylum even if I was convicted of a crime?
If you have been convicted of a crime you may still apply for asylum. However, whether or not you are granted asylum depends on the crime you committed. When you are completing your Form I-589 and attending your interview make sure that you fully disclose all information relating to your crime or you may be denied for perjury.

Q2. Are unaccompanied minors eligible to self-petition for asylum?
As an unaccompanied minor you are eligible to self-petition for asylum as long as you meet the necessary criteria. You must be under 18 years old and have no parent or legal guardian in the U.S. who can provide care and custody. You must have been separated from your parents or legal guardians.

Q3. I am not fluent in the English language. Will USCIS provide an interpreter for my interview?
If your English language skills are far from fluent then you should not count on USCIS to provide an interpreter. In fact, if your English is not fluent USCIS requires that you bring your own interpreter to the interview. The interpreter must be fluent in English and your language and must be at least 18. However, your interpreter cannot also be your attorney, a witness testifying on your behalf or a representative or government employee of your country.

Q4. What if I am unable to attend my scheduled interview?
If you find yourself unable to attend your scheduled interview then you must reschedule it as soon as possible. You can reschedule as long as you notify USCIS prior to the date of the interview and if it is your first such request. You can do this by either mailing a letter to the asylum office where the interview was scheduled requesting a rescheduled interview or by going in person and completing a Request to Reschedule Asylum Interview. In your Request to Reschedule you must include information pertaining to the reason for the request and any relevant evidence.

Q5. What if I miss my scheduled interview?
If for some reason you miss your interview and you are still interested in obtaining asylum then it is important that you notify USCIS immediately. If USCIS does not receive a written letter explaining your failure to appear within 15 days of the date your interview was scheduled then your case will either be referred to the Immigration Court if you have no status or it will be closed if you do have status. However, if in your written explanation you are able to establish an exceptional circumstance that caused you to miss the interview then USCIS will reschedule the interview. Additionally, if you can prove that USCIS did not properly notify you of the interview then they will reschedule it.

Q6. As an asylee am I able to travel abroad?
Once you have been granted asylee status you must obtain permission to travel overseas prior to leaving. You can obtain this permission by filing a Form I-131, Application for Travel Document. In particular, the travel document you are obtaining is a Refugee Travel Document. The Refugee Travel Document is meant to be used for temporary travel and is your only way of being readmitted into the United States. Asylee’s who do not have one of these may be unable to re-enter the U.S. or may be placed in removal proceedings. Additionally, if your derivative family members are traveling with you then they must obtain their own Refugee Travel Documents.

Q7. What are some of the primary differences between the affirmative and defensive asylum processes?
There are several very important differences between the two asylum processes that you should be aware of before you attempt to apply for asylum. First of all, in the affirmative process you are the one who initiates the application while for the defensive process you are placed in removal proceedings before an immigration judge and your only other choice to deportation is to apply for asylum. Another one of the key differences is that in the affirmative process you have to be interviewed by a USCIS asylum officer while in the defensive process you have to appear before an EOIR Immigration Judge and a government attorney for a court-like hearing. And finally, when you are going through the affirmative you have to provide your own qualified translator for the interview but for the defensive you will be provided a translator by the court.

Q8. What happens if my application is denied?
If your case is denied and you already have a legal immigration status then you will receive a notice from USCIS stating their intent to deny your application. After receiving this you will have 16 days to submit a written explanation of why your application should be granted or provide new evidence supporting your claim. If your case is denied and you do not have legal immigration status then you will be referred to the Immigration Court. You will receive a notice explaining the decision and Notice to Appear at a designated court hearing. If your spouse and children were included in your application or are residing here illegally then they will also be referred.
 

U.S. Visas

Green Cards

U.S. Citizenship

Deportation/Removal