What Is Affirmative Asylum and Who Can Apply?

What Is Affirmative Asylum?

Affirmative asylum is the process of applying for asylum proactively—before being placed in deportation or removal proceedings. It is handled by U.S. Citizenship and Immigration Services (USCIS), rather than the immigration court.

When you apply affirmatively, you:

• File an asylum application directly with USCIS.
• Attend an interview with a trained asylum officer.
• If approved, receive asylum status and may later apply for a green card (lawful permanent residence).
• If denied and you do not have a lawful status, your case is referred to immigration court, where you may apply again defensively.

Key Features of the Affirmative Asylum Process

• Non-adversarial process: Your case is heard by an asylum officer, not an immigration judge.
• Not in removal proceedings: Applicants apply before being placed in deportation court.
• Referral if denied: If USCIS denies your application and you lack legal status, your case moves to immigration court.

Who Can Apply for Affirmative Asylum?

You may qualify for affirmative asylum if you meet these requirements:

1. You Are Physically Present in the U.S.

Anyone currently inside the United States, regardless of how they entered (with a visa or through a border crossing), may apply for asylum affirmatively.

2. You Are Not in Immigration Court Proceedings

Affirmative asylum is available only to individuals not already in removal proceedings.

• Exception: Certain unaccompanied minors can still apply affirmatively thanks to protections under the Trafficking Victims Protection Reauthorization Act (TVPRA).

3. You File Within One Year of Arrival

Generally, asylum seekers must submit Form I-589 within one year of entering the U.S. Exceptions apply for:

• Changed circumstances in your home country or personal situation
• Extraordinary circumstances such as serious medical issues or legal disability
• Unaccompanied minors (they are exempt from the one-year deadline)

4. You Have a Well-Founded Fear of Persecution

Applicants must show they have suffered past persecution or have a well-founded fear of future persecution in their home country due to:

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

This standard does not require proof beyond a reasonable doubt—only a reasonable possibility of harm.

Why Affirmative Asylum Matters

The affirmative asylum process offers a critical pathway to protection for those fleeing danger. By applying through USCIS before being placed in removal proceedings, applicants can present their case in a less adversarial environment. If approved, they gain the opportunity to live and build a new life in the United States.

Speak With an Immigration Attorney

The asylum process is complex, and having the right legal guidance is essential. At Adhami Law Group, our experienced immigration attorneys in Los Angeles are dedicated to helping clients navigate affirmative asylum and other U.S. immigration matters.

📞 Call us today at (213) 204-6500 to schedule a consultation and learn more about your eligibility.