Affirmative Asylum
What is asylum?
Asylum is a legal process by which a government offers protection and assistance to people who fear persecution or danger in their home country for reasons such as race, religion, nationality, political opinion, or membership in a particular social group.
How does one apply for political asylum in the United States?
- Gather the evidence, arguments, and proof that support your case for this form of asylum. At this point, Fronteras Inmigración can guide you in documenting every detail of your situation.
- Fill out the form (Application for Asylum and Withholding of Removal) within the first year of your physical presence in the country.
- Submit biometric information, such as a photograph, signature, and fingerprints, as part of the application process.
- Attend an asylum interview where you must establish your fear of persecution or serious harm if returned to your home country.
Requirements for applying for asylum
- You must be physically present in the United States: You must be on U.S. soil at the time you file your asylum application.
- Application Deadline: File your application within the specified time frame.
- Lack of safety in your home country: You must show why you are unwilling or unable to return to your home country.
Types of Asylum
AFFIRMATIVE ASYLUM:
A process in which an asylum seeker applies directly to an immigration agency without having been detained or placed in removal proceedings by immigration authorities.
DEFENSIVE ASYLUM:
A process in which an individual applies for asylum as a defense to removal after being detained or placed in removal proceedings by immigration authorities.
Benefits of Affirmative Asylum
- Work authorization: Gives you the right to work legally in the U.S. while your case is pending, providing you with economic stability during this time.
- Temporary protection: While awaiting a decision on your asylum application, you are protected from deportation and may remain in the country.
- Possibility of permanent residency: If your asylum application is approved, you can apply for permanent residency (green card) after one year.
- Path to naturalization: After obtaining permanent residency, you may qualify for naturalization and become a U.S. citizen, which gives you additional rights and benefits.
How to prepare
- Be physically present in the United States: You must be on U.S. soil at the time you file your asylum application.
- File your asylum application: Complete Form I-589, Application for Asylum and Withholding of Removal, and submit it to U.S. Citizenship and Immigration Services (USCIS).
- Asylum interview: Once your application is filed, you will be scheduled for an asylum interview with a USCIS officer. During this interview, you will need to provide details about your case and explain why you fear returning to your home country.
- Wait for the decision: USCIS will review your application and make a decision on your case. If your application is approved, you will be granted asylum and will be able to remain in the U.S. as a refugee.
Frequently Asked Questions
How long do I have to apply for asylum after entering the United States?
You must apply for asylum before you have been in the U.S. for one year.
If I apply for asylum, can I go back to my country?
You cannot return, since it is assumed that if you ask for asylum it is because you fear returning to your country due to persecution or danger of death.
When can I apply for asylum?
When being in the United States, you request protection from the U.S. government because you fear returning to your country due to persecution and possible aggression, for reasons of race, religion, nationality, political opinion or because you belong to a particular social group.
Why do people apply for political asylum?
For fear of returning to the country of origin due to political persecution, race, religion, nationality, or belonging to a particular social group.
When does political asylum end in the United States?
There is no known date as it depends on the immigration policies of each government. It is currently in effect.
What happens when a person applies for asylum in the United States?
They receive a legal immigration status that allows them to develop their daily life in this country and begin the process of permanent residency and citizenship.
What is asylum?
Asylum is a legal process by which a government offers protection and assistance to people who fear persecution or danger in their home country for reasons such as race, religion, nationality, political opinion, or membership in a particular social group.
How does one apply for political asylum in the United States?
- Gather the evidence, arguments, and proof that support your case for this form of asylum. At this point, Fronteras Inmigración can guide you in documenting every detail of your situation.
- Fill out the form (Application for Asylum and Withholding of Removal) within the first year of your physical presence in the country.
- Submit biometric information, such as a photograph, signature, and fingerprints, as part of the application process.
- Attend an asylum interview where you must establish your fear of persecution or serious harm if returned to your home country.
Requirements for applying for asylum
- You must be physically present in the United States: You must be on U.S. soil at the time you file your asylum application.
- Application Deadline: File your application within the specified time frame.
- Lack of safety in your home country: You must show why you are unwilling or unable to return to your home country.
Types of Asylum
AFFIRMATIVE ASYLUM:
A process in which an asylum seeker applies directly to an immigration agency without having been detained or placed in removal proceedings by immigration authorities.
DEFENSIVE ASYLUM:
A process in which an individual applies for asylum as a defense to removal after being detained or placed in removal proceedings by immigration authorities.
Benefits of Affirmative Asylum
- Work authorization: Gives you the right to work legally in the U.S. while your case is pending, providing you with economic stability during this time.
- Temporary protection: While awaiting a decision on your asylum application, you are protected from deportation and may remain in the country.
- Possibility of permanent residency: If your asylum application is approved, you can apply for permanent residency (green card) after one year.
- Path to naturalization: After obtaining permanent residency, you may qualify for naturalization and become a U.S. citizen, which gives you additional rights and benefits.
How to prepare
- Be physically present in the United States: You must be on U.S. soil at the time you file your asylum application.
- File your asylum application: Complete Form I-589, Application for Asylum and Withholding of Removal, and submit it to U.S. Citizenship and Immigration Services (USCIS).
- Asylum interview: Once your application is filed, you will be scheduled for an asylum interview with a USCIS officer. During this interview, you will need to provide details about your case and explain why you fear returning to your home country.
- Wait for the decision: USCIS will review your application and make a decision on your case. If your application is approved, you will be granted asylum and will be able to remain in the U.S. as a refugee.
Frequently Asked Questions
How long do I have to apply for asylum after entering the United States?
You must apply for asylum before you have been in the U.S. for one year.
If I apply for asylum, can I go back to my country?
You cannot return, since it is assumed that if you ask for asylum it is because you fear returning to your country due to persecution or danger of death.
When can I apply for asylum?
When being in the United States, you request protection from the U.S. government because you fear returning to your country due to persecution and possible aggression, for reasons of race, religion, nationality, political opinion or because you belong to a particular social group.
Why do people apply for political asylum?
For fear of returning to the country of origin due to political persecution, race, religion, nationality, or belonging to a particular social group.
When does political asylum end in the United States?
There is no known date as it depends on the immigration policies of each government. It is currently in effect.
What happens when a person applies for asylum in the United States?
They receive a legal immigration status that allows them to develop their daily life in this country and begin the process of permanent residency and citizenship.
