Some Important Points about the Affirmative Asylum Process

The United States is a country of democracy and freedom. It is also a country known to shelter those individuals who are escaping from persecution. Every year many foreigners came to the U.S. to seek protection for various reasons. Some of them were politically persecuted in their own countries; some others were not allowed to practice their religion back home. Yet some others were singled out for punishment because of their race, nationality or sexual preference. No matter what their reasons for coming to the U.S. are, their common goal is to ask the U.S. government to protect them through the political asylum process. The following are some important points about the affirmative asylum process.

Affirmative asylum refers to the process through which the foreigner directly applies for political asylum with the U.S. government. Non-affirmative asylum, or defensive asylum, is filed by foreign nationals before the U.S. Immigration Court after they have been placed in deportation proceedings. In order to seek affirmative asylum, the applicant must file a complete Form I-589, Application for Asylum and Withholding of Removal, with the appropriate USCIS Service Center within one year of last arrival in the U.S. Although there are some exceptions to this one-year rule, the deadline is set by law and is strictly enforced by government. The application should be completed according to the instructions; incomplete applications will be returned by the government and cause unnecessary delays.

Because of the complexity of the application process and the legal requirements for asylum, except for the few well-educated and knowledgeable applicants, it is generally very difficult for foreigners to prepare a legally-sufficient application themselves. It is highly recommended that they seek help from a qualified immigration attorney. For those who cannot afford a private attorney, they should seek help from a non-profit agency and organization such as the Legal Aid Society for legal assistance. Applicants who choose to use an “immigration agency”, “travel agency”, “immigration consultant” or other similar individuals to prepare their applications should be particularly careful. Some of these agencies and individuals may not be qualified to handle immigration and asylum applications. Some of them do not keep records of the case. Others don’t communicate with their clients and, consequently, the applicant can be issued a Final Order of Deportation without even knowing it. Such an order will bar the foreigner from applying for most immigration benefits in the future. Unfortunately, even some attorneys prey on these foreigners’ weaknesses and fail to represent them properly.

It is very important to properly prepare an asylum application. Information must be correct and accurate. Do not exaggerate the facts or add untruthful details. Available documents and evidence must be provided. Foreign documents need to be translated. In certain cases, a psychological evaluation or physical examination may be required to establish physical injuries and/or mental sufferings. After an asylum application is filed, the applicant is scheduled to be fingerprinted. Background security checks will also be conducted on the applicant. Asylum applicants are exempt from paying the fingerprint fee.

The next step is to prepare for the asylum interview, which is generally scheduled within 21 days of receipt of the application. It will be held by a trained Asylum Officer. If the applicant does not speak English, he or she should bring an interpreter. Oftentimes, applicants would bring a friend who is not qualified to translate technical terms. It is very important to bring somebody who can speak both English and applicant’s language fluently. Applicants should also be very familiar with the facts of their case. The format of the interview may be different depending on the individual officer. An attorney can be present but it is not an adversarial hearing. After the interview, the Asylum Officer will make a determination based on the evidence. The applicant is usually required to pick up the decision two weeks after the interview. If asylum is granted, the applicant may stay and work legally in the U.S., and apply for a green card for himself and his family. If asylum is not granted and the applicant is not in legal status in the U.S., the applicant will be placed in removal proceedings and referred to the Immigration Court, where the application for asylum can be renewed before an Immigration Judge.