Seeking Protection Before USCIS
Affirmative asylum is a process for individuals who are physically in the United States and fear persecution if they return to their home country. You file your application affirmatively with U.S. Citizenship and Immigration Services (USCIS).
Who Qualifies for Affirmative Asylum?
- Physical Presence: You must be physically present in the U.S.
- Filing Deadline: You must file Form I-589 (Application for Asylum) within one year of your last arrival in the U.S., unless you can show “changed circumstances” or “extraordinary circumstances” for the delay.
- Well-Founded Fear: You must prove you have a “well-founded fear” of persecution on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
Special Protection for Minors (TVPRA)
Children who arrive alone (Unaccompanied Alien Children or UACs) have special protections under the Trafficking Victims Protection Reauthorization Act (TVPRA).
- No One-Year Deadline: UACs are exempt from the one-year filing deadline.
- Non-Adversarial Interview: Their cases are heard by a trained Asylum Officer in a child-friendly, non-adversarial setting, not an immigration court.
- Initial Jurisdiction: USCIS has initial jurisdiction over a UAC’s asylum claim, even if the child is later placed in removal proceedings.
Step-by-Step Process & Typical Timeline
- File Form I-589: A complete application is filed with the correct USCIS lockbox.
- Biometrics: You (and any included family members) will be scheduled for a fingerprinting appointment at an Application Support Center (ASC).
- Asylum Interview: You will be scheduled for an interview with an Asylum Officer. You may bring an attorney.
- Decision: The Asylum Officer will either (1) grant you asylum or (2) “refer” your case to the Immigration Court (EOIR) for a defensive asylum hearing if you are out of status.
Real-world timing: The “last-in, first-out” scheduling means new cases filed in 2025 are being interviewed in 6–12 months. However, many cases from 2022–2024 remain stuck in the backlog, with waits of 3–5 years for an interview.
2024-25 Policy Updates
- New “One-Year Bar” Guidance (March 2025): USCIS issued a new policy memo detailing what qualifies as an “extraordinary circumstance” for late filings, with a focus on mental health and trauma.
- EAD Clock: The 180-day waiting period for a work permit (EAD) begins when your I-589 is received by USCIS. Under a 2025 rule, any applicant-caused delays (like rescheduling an interview) will stop this clock.
Evidence Checklist
- Completed Form I-589 (your application and story)
- Personal Declaration (a detailed, sworn statement)
- Proof of Identity (passport, birth certificate)
- Country Conditions Reports (news articles, human rights reports)
- Evidence of Harm (police reports, medical records, witness statements)
Risks & Practical Tips
- The “Referral”: A referral to court is not a denial. It simply moves your case to a different, more formal setting (Defensive Asylum).
- Inconsistencies: The Asylum Officer will look for any inconsistencies between your I-589, your testimony, and your evidence. Preparation is everything.
- TVPRA Cases: For minors, the “best interest of the child” is a key standard. We work to build a record that shows why return is not safe.
Next Steps
Your personal declaration is the heart of your case. Contact us to schedule a strategy session. We help you tell your story in a compelling, credible, and legally sound way before you ever file with the government.
Last updated October 2025. Regulations change frequently—contact us for a personalized assessment.
This information is for educational purposes only and does not constitute legal advice.