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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Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
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