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What is Affirmative Asylum?
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Affirmative action is when someone who fears persecution in their native country applies for protection under U.S. asylum law. Preparing and filing an affirmative asylum application is a very involved process with stringent requirements that must be satisfied if the application is to be approved. As is the case in many immigration matters, it is best for one seeking asylum to have the assistance of an experienced immigration attorney.
To successfully pursue an asylum application, the applicant must go through a series of steps as follows:
Apply for Asylum
To apply for asylum, you will need to file Form I-589, Application for Asylum and for Withholding of Removal, with the United States Citizenship and Immigration Services (USCIS) within one year of your last entry into the United States. Your application will be rejected if you file it after the one year has ended unless you can establish that you qualify for an exception provided under the law.
Bars to Asylum Application
Your application for asylum can be rejected or denied on grounds you are barred from applying for asylum if you:
- Filed your application more than one year after you last arrived in the United States
- Previously filed an asylum application which was denied by USCIS or by an immigration judge or by the Board of Immigration Appeals
- Can be removed (deported) to a safe third country under an agreement between the United States and that country or others the U.S. government has agreements to receive individuals in your similar situation.
The law provides exceptions to these bars, whether you qualify for those exceptions is something you will need to discuss and be advised by an experienced asylum lawyer.
Fingerprinting and Background Checks
After you have submitted your application, you will receive an appointment notice to have your fingerprints taken. Your spouse and children should come with you to the appointment if you also seek asylum status for them.
Interview Notice
You will next receive a notice of your interview date. Depending on where you live, this interview will be scheduled with an asylum officer either at USCIS’s eight asylum offices across the country, the two asylum sub-offices, or at a USCIS field office near you. The interview notice will inform you about the date, location, and time of your asylum interview.
Interview
You have the option to appear by yourself, but you may also bring a lawyer or USCIS accredited representative to the interview. In either case, you must also bring your spouse and any children who you have included in your application as seeking derivative asylum benefits.
Determination of Asylum Application
Following your interview, the asylum officer interviewing you will determine whether you:
- Are eligible to apply for asylum
- Meet the definition of a refugee as defined under the law
- Are barred from being approved for asylum under the applicable law
Call an Immigration Lawyer
If you believe you are eligible to apply for asylum and are in the Chicago area, contact us today, and one of our experienced lawyers will provide you with consultation on how best to proceed with your application.
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Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
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We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
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I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
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