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Affirmative Asylum: Seeking Safety and Protection in the United States

Writer's picture: Administrative SupportAdministrative Support

Affirmative asylum is a relief process through which individuals who fear persecution in their home country can seek protection in the United States. It is an integral part of the U.S. immigration system and it allows individuals who are unable to return to their home country due to fear of persecution on account of their race, religion, nationality, political opinion, or membership in a particular social group to seek protection in the U.S.


In this blog post, we will explore affirmative asylum in detail, including its eligibility criteria, application process, and the benefits it offers to those who are granted asylum.


I. Eligibility Criteria for Affirmative Asylum


To be eligible for affirmative asylum, an individual must meet the following criteria:

  1. Fear of persecution: The applicant must have a well-founded fear of persecution on account of their race, religion, nationality, political opinion, or membership in a particular social group.

  2. Past persecution: The applicant must have suffered persecution in the past or have a well-founded fear of future persecution based on one of the five protected grounds.

  3. Timeliness: The application must be filed within one year of the applicant's last entry into the United States, unless there are exceptional circumstances that justify a delay in filing.

  4. Admissibility: The applicant must be admissible to the United States. This means that the applicant cannot have a criminal record or have violated any immigration laws.

II. Application Process for Affirmative Asylum


The application process for affirmative asylum involves the following steps:

  1. Filing the application: The applicant must file an Application for Asylum and Withholding of Removal (Form I-589) with the U.S. Citizenship and Immigration Services (USCIS).

  2. Biometrics appointment: After the application is filed, the applicant will be scheduled for a biometrics appointment where their fingerprints, photograph, and signature will be taken.

  3. Interview with an asylum officer: The applicant will then be scheduled for an interview with an asylum officer. During the interview, the asylum officer will ask the applicant questions about their fear of persecution and the reasons for seeking asylum.

  4. Decision: After the interview, the asylum officer will make a decision on the case. If the officer determines that the applicant meets the eligibility criteria for asylum, they will grant asylum. If the officer denies the application, the applicant may be placed in removal proceedings.

III. Benefits of Affirmative Asylum


If an applicant is granted affirmative asylum, they are eligible for the following benefits:

  1. Work authorization: Asylees are eligible to apply for work authorization, which allows them to work legally in the United States.

  2. Travel documents: Asylees are eligible to apply for a Refugee Travel Document, which allows them to travel outside the United States and return without losing their asylum status.

  3. Adjustment of status: Asylees are eligible to apply for adjustment of status to become a lawful permanent resident (green card holder) after one year of being granted asylum.

  4. Derivative asylum: An asylee's spouse and children who are in the United States may be eligible for derivative asylum, which allows them to obtain asylum based on the principal asylee's status.

In conclusion, affirmative asylum is an important protection for individuals who fear persecution in their home country. It does provides a pathway -- a relief in a sense-- for these individuals to seek safety in the United States and build a new life free from fear. By gaining an understanding of the eligibility criteria and application process for affirmative asylum, individuals can take the necessary steps to seek protection and access the benefits that come with asylum status.


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