how to file for affirmative asylum as an attorney

How To File For Affirmative Asylum As An Attorney Suppose you are applying for affirmative asylum as an immigration lawyer. In that case, you will need to prepare and fill out form I-589 “Application or Asylum and withholding of removal” with US Citizenship and Immigration Services (USCIS).

Full Answer

How to apply for affirmative asylum in the USA?

Suppose you are applying for affirmative asylum as an immigration lawyer. In that case, you will need to prepare and fill out form I-589 “Application or Asylum and withholding of removal” with US Citizenship and Immigration Services (USCIS). Answer everything truthfully and fill out all questions on Form I-589 as detailed as you can.

How do I apply for asylum and withholding of removal?

First, you must first file Form I-589, "Application for Asylum and Withholding of Removal" with U.S. Citizenship and Immigration Services (USCIS). Form I-589 is the only form you'll need to file to apply for all of the following forms of relief: asylum, withholding of removal, and protection under the United Nations Convention Against Torture.

What forms do I need to apply for asylum?

Asylum is a form of protection which allows an individual to remain in the U.S. instead of being removed to a country of feared persecution. To apply for asylum in the United States, individuals must obtain and complete the required application (form I …

What happens if an immigration judge finds you eligible for asylum?

At our law firm, Fayad Law, P.C., we have helped hundreds of asylum seekers gain legal status in the United States over the past 20 years collectively. Our immigration attorneys in Virginia are adept at handling all immigration processes including the affirmative asylum process for those who are eligible for its benefits.

How do I file an affirmative asylum?

To apply for asylum, you should file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS within one year of your last arrival in the United States (unless you qualify for an exception to the one-year filing deadline).Sep 16, 2021

Who can apply for affirmative asylum?

Who Is Eligible to Apply for Asylum? You may apply for asylum if you are at a port of entry or in the United States. You may apply for asylum regardless of your immigration status and within one year of your arrival to the United States. extraordinary circumstances relating to your delay in filing.Dec 8, 2021

What gives you the best chance to get your application for asylum approved?

Strategies for Improving Chances of Qualifying for Asylum You must show that this persecution was (or would be) inflicted on you because of one or more "protected grounds": your race, religion, nationality, membership in a particular social group, or political opinion.

How can I apply for political asylum in USA?

If you are eligible for asylum you may be permitted to remain in the United States. To apply for asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum.Feb 9, 2022

Can I apply for asylum online?

The process for online extension of asylum seeker and refugee visas is only available for visa holders that had a valid visa during the lockdown. All person whose visas expired before the lockdown will not be able to extend their visas through the online platform.

What is the difference between affirmative asylum and defensive asylum?

Affirmative asylum seekers are yet to be deported from the country. While in the case of defensive asylum application, these individuals will have to defend themselves from deportation in immigration court at the U.S. Executive Office of Immigration.Jan 25, 2022

How can I speed up asylum process?

You can submit a written request to expedite your case to your local USCIS asylum office that will be deciding your case. The request has to be written (not over the phone). It should include supporting evidence. Asylum offices review such requests on a case-by-case basis.Nov 1, 2021

Can you be denied asylum?

The various levels of possible asylum appeals. At least half the asylum applications filed in the U.S. are typically denied, whether by an asylum officers or Immigration Judge (IJ).

How do you win an asylum case?

You'll need to show that you fit the legal definition of a "refugee"—that is, that you are unable or unwilling to return to your home country because of having experienced persecution or having a well-founded fear of future persecution on account of at least one of five grounds: either your race, religion, nationality, ...

What is an affirmative asylum application?

Affirmative Asylum: A person who is not in removal proceedings may proactively apply for asylum through U.S. government, with the U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS).

Can you file for asylum after 5 years?

Under U.S. law, you are expected to apply for asylum either within one year of your last U.S. entry or one year after your valid visa status expires. Unfortunately, if you have missed this deadline, you must also prove that there was a good reason for your late application for asylum in order to go forward.

How do I get I 94 after being granted asylum?

Explain to the agent who takes your call that an immigration judge granted you asylum, and you need an appointment with your local USCIS field office to obtain your I-94. You will need to have an email address so the USCIS agent can email you the appointment letter.

What is a supervisory asylum officer?

A supervisory asylum officer reviews the asylum officer’s decision to ensure it is consistent with the law. Depending on the case, the supervisory asylum officer may refer the decision to asylum division staff at USCIS headquarters for additional review.

How long does it take to file an I-589?

To apply for asylum, you should file Form I-589, Application for Asylum and for Withholding of Removal , with USCIS within one year of your last arrival in the United States (unless you qualify for an exception to the one-year filing deadline).

What is affirmative asylum?

The affirmative asylum process app lies to aliens who initially file an asylum application with DHS, U.S. Citizenship and Immigration Services (USCIS). USCIS asylum officers conduct non-adversarial interviews of asylum applicants and determine whether to grant asylum.

What is the form for asylum?

Asylum is a form of protection which allows an individual to remain in the U.S. instead of being removed to a country of feared persecution. To apply for asylum in the United States, individuals must obtain and complete the required application (form I-589) and submit it with the appropriate attachments.

How long does it take to get asylum in the US?

U.S. immigration law requires that asylum-seekers apply for asylum within one yearof arrival in the United States, unless they can demonstrate extraordinary circumstances for the delay or changed circumstances that significantly affect their eligibility for asylum.

Where is the UNHCR Regional Office?

The United Nations High Commissioner for Refugees (UNHCR) Regional Office in Washington, D .C. (ROW) understands that some issues are sensitive and thus may be difficult to talk about. UNHCR ROW also is aware that for some individuals, issues like the ones just mentioned may be very important to an asylum claim.

What is Affirmative Asylum?

The term affirmative asylum refers to the process of applying for asylum before being in removal proceedings or deportation proceedings before an immigration judge. It is the government's preferred method of foreign nationals requesting for asylum protection in the United States.

How the Asylum Process Works

Once a foreign national arrives in the United States, they may apply for asylum at their port of entry no matter what their immigration status may be.

Call an experienced immigration attorney!

If you or someone you know is seeking asylum in the United States, please contact us as soon as possible so that we can begin working on your application. We offer a free consultation, which is confidential and in private, for those seeking asylum or information about asylum or any other immigration benefit.

How long do you have to apply for asylum?

You may apply for asylum regardless of how you arrived in the United States or your current immigration status. You must apply for asylum within one year of the date of your last arrival in the United States, unless you can show: Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to ...

What is a defensive asylum application?

A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

What is CBP in immigration?

Were apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an asylum officer. See Questions & Answers: Credible Fear Screenings for more information on ...

What is an I-589?

Individual affirmatively submits Form I-589 to USCIS. Tried to enter the United States without proper documents and was found to have a credible fear of persecution or torture. If the individual was referred by USCIS, the asylum application already filed will carry over to the immigration judge.

What is an I-863?

In certain circumstances, if USCIS does not have jurisdiction over your case, the asylum office will issue a Form I-863, Notice of Referral to Immigration Judge, for an asylum-only hearing.

What is affirmative asylum?

It is crucial to have an attorney prepare your document package when you file your papers with the United States Citizenship and Immigration Services (USCIS), known as affirmative asylum application. Your chance of the success are considerably higher if you retain a competent and experienced asylum lawyer.

How to prepare for asylum?

Ensure that you are eligible for asylum as a matter of law; Advise you of possible difficulties that you may have; Review your declaration in support of your asylum application, help you put it in the most dramatic and expressive format , presenting the facts in the light most favorable to the grant of asylum, while emphasizing ...