Affirmative Asylum

Illinois Affirmative Asylum Attorney

Protect Your Future: Get Trusted Legal Help in Asylum Applications

The number of approved asylum petitions in the United States varies from one U.S. administration to the next. On average, though there are more than 30,000 approved asylum cases yearly, the annual allowance has reached approximately 90,000 approved asylum petitions. That may seem like a lot, but hundreds of thousands of people seek asylum each year.

Many asylum seekers have valid reasons to fear returning home. Only a small percentage will qualify as asylum seekers, as the law narrowly defines the term and requires stringent proof before a petition is approved.

If it is your life or a loved one’s life at risk by returning to your home country, you want to ensure you are represented by competent immigration attorneys. At Dworsky Law Firm, our asylum attorney effectively handles affirmative asylum applications and will do the same for you. Contact us today at 847-994-4130 to schedule a consultation.

Understanding the Asylum Process in the United States

The asylum process in the United States offers protection to individuals who have fled their home country and are unable to return due to a fear of prosecution.

To qualify for asylum, a person must be a refugee and in the United States when they apply for protection. Section 101(a)(42) of the Immigration and Nationality Act (INA) defines a refugee as someone unable to return to their home country due to persecution or a fear of persecution based on their:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

Persecution is usually physical, but it can also be emotional or psychological.

There are two pathways to applying for asylum in the United States.

  • If you’re in the United States and not subject to removal (deportation) proceedings, you can proactively apply for affirmative asylum.
  • If removal proceedings have been initiated already in immigration court, you can apply for defensive asylum.

You can file for affirmative asylum regardless of your immigration status in the United States—whether you hold another temporary visa like a student visa, your immigration status has lapsed or expired, or you entered the United States illegally.

The asylum process is a pathway to permanent residency. You can apply for a green card one year after being granted asylum.

How to File for Affirmative Asylum

To apply for affirmative asylum, you must be present in the United States or at a port of entry. You can remain in the United States while your application is being processed.

Form I-589

To start an affirmative asylum application, you must complete and file Form I-589, Application for Asylum and Withholding of Removal, with the U.S. Citizenship and Immigration Services (USCIS).

This must be done within one year of your arrival in the United States. There are some limited exceptions to this timeframe, such as when your circumstances have changed, affecting your eligibility for asylum, or extraordinary circumstances that caused the delay.

USCIS should send you confirmation of receipt of your application within 30 days.

Biometrics Appointment

In addition to confirming that your application has been received, USCIS will send you a biometrics appointment notice. You must attend an application support center on your allocated day for your fingerprints to be taken.

Asylum Appointment

After providing your fingerprints, you will receive a notice of your appointment with USCIS at one of its offices. You can bring an attorney or accredited representative, an interpreter, and your spouse and children to the appointment (if they are applying for derivative asylum).

Under the INA, an asylum interview should be conducted within 45 days of an application being filed.

USCIS Decision

A USCIS officer then decides whether you have a legitimate asylum claim. Under the INA, unless exceptional circumstances exist, an affirmative asylum application should be decided within 180 days of the application being filed. However, it’s not uncommon for decisions to take longer.

Immigration Court

If it is unclear whether your asylum claim is legitimate, USCIS will refer your matter to an immigration court to decide. In this situation, you become a defensive asylum seeker.

Challenges to Affirmative Asylum

The affirmative asylum process is complex. Here are some common challenges applicants face.

  • Nature of the immigration legal system. Immigration laws are constantly changing, especially following changes in government. Recently, significant and rapid changes were made to the asylum application process in response to the COVID-19 pandemic.
  • Severe penalties for fraud. You must complete your asylum application truthfully. If you make a fraudulent asylum application or lie about an important fact, the court may find you have made a “frivolous” application. This can result in a lifetime ban from applying for any U.S. immigration benefits.
  • Length of process. Despite the timeframes under the INA, the volume of applications and the COVID-19 pandemic have created a large backlog of affirmative asylum applications and lengthy wait times for decisions.
  • Proving date of entry. If you entered the United States without inspection (for example, by illegally crossing the border), it can be difficult to prove your entry date and show you are applying within the one-year time frame.
  • Risk of removal. If an immigration court rejects your asylum claim and you do not hold any other valid visa, the court can order your removal from the United States. These orders typically prevent you from returning to the United States for several years. It also places you at risk of being returned to the country you fled from.

An asylum immigration lawyer can assist you with your affirmative asylum application and help you navigate these potential challenges.

Contact an Asylum Immigration Lawyer in Illinois Today

Asylum is the protection you deserve if you have faced persecution or have a well-founded fear of facing persecution upon returning to your home country. Our immigration attorney based in Illinois can help ensure you put forth your best effort to get this protection. Contact Dworsky Law Firm today by filling out the online form or calling us at 847-994-4130 to schedule a consultation.

FAQs About Affirmative Asylum

If you are seeking safety and protection in the United States because of fear of persecution in your home country, you may be eligible for affirmative asylum. Although the process can be complex and intimidating, you do not have to go through it alone. Our experienced Illinois immigration attorney is here to explain your rights and options and guide you through the process. The following are answers to some frequently asked questions about affirmative asylum:

How Does Affirmative Asylum Differ from Defensive Asylum?

Affirmative asylum is the process by which individuals already present in the United States, regardless of how they arrived, can apply for asylum with U.S. Citizenship and Immigration Services (USCIS). It differs from defensive asylum, which is requested as a defense against deportation (removal) in immigration court.

Who Is Eligible for Affirmative Asylum?

A person may be eligible for affirmative asylum if all of the following factors exist:

  • Physically present in the U.S.
  • Not currently in removal proceedings
  • Fear of persecution in the home country based on race, religion, nationality, political opinion, or membership in a particular social group.

The person seeking asylum must apply within one year of arrival in the U.S. unless they qualify for an exception due to changed or extraordinary circumstances.

What Qualifies as Persecution?

Persecution can take many different forms, including serious harm or threats from the government or groups the government cannot control. The following are examples of persecution:

  • Physical violence or torture
  • Threats to life or freedom
  • Unlawful imprisonment
  • Discrimination that seriously affects the ability to lead a normal life (such as being denied access to jobs or education)
  • Forced marriage, gender-based violence, or female genital mutilation

What If I Missed the One-Year Filing Deadline?

If you missed the filing deadline, you may still qualify if you can demonstrate changed or extraordinary circumstances. Changed circumstances may involve changes in your personal situation or worsening conditions in your home country. Extraordinary circumstances may include serious illness or a legal disability that prevented timely filing. You must show that you filed your application for asylum within a reasonable time after those circumstances changed or ended.

What Happens at the Asylum Interview?

During your interview with the USCIS, an asylum officer will review your application and supporting documentation. He or she will ask questions about your background, your fear of returning to your home country, and any harm you have experienced or fear experiencing. The officer will evaluate your credibility and the strength of your claim.

You may bring an attorney to the interview, as well as an interpreter if needed. After the interview is concluded, the officer will decide. You will receive a decision in writing, typically within a few weeks.

What Documents Do I Need to Support an Asylum Claim?

The more evidence you can provide, the stronger your case for asylum will be. An experienced immigration attorney can help you gather and organize this evidence effectively. The following types of documents may be useful:

  • Affidavits and personal statements
  • Police reports, medical records, or court documents from your home country
  • Reports from human rights organizations about conditions in your home country
  • Photographs, news articles, or expert declarations
  • Documentation verifying your identity, your travel, and your entry into the U.S.

What Happens If I Am Granted Asylum?

If your application is approved and you are granted asylum, you can remain in the U.S. indefinitely. You may apply for a green card (permanent residency) after one year. You may also apply to bring qualifying family members to the U.S. through a process known as derivative asylum. You may be eligible for certain public benefits and assistance programs.

Do I Need an Attorney to Apply for Affirmative Asylum?

You are not required to have an attorney to represent you, but it is strongly recommended. Asylum law is very complex, and the skills and experience of your lawyer are critical. Many applicants are denied because of incomplete applications, weak evidence, or failure to meet the legal burden of proof.

Our experienced immigration attorney at Dworsky Law Firm can assist you in the following ways:

  • Help prepare a persuasive asylum claim
  • Gather and submit supporting documents
  • Represent you in your asylum interview
  • Guide you through appeals or court proceedings if necessary

We understand the fear, stress, and uncertainty that can accompany an asylum claim. Our Illinois affirmative asylum attorney is committed to helping you seek protection and build a safer future in the United States. Contact us at 847-994-4130.

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