This section provides detailed answers to common questions about the affirmative asylum process, which is for individuals who are physically present in the United States and are not in removal proceedings before an immigration judge, and who are seeking asylum by proactively applying with U.S. Citizenship and Immigration Services (USCIS).

1. What is affirmative asylum?

Affirmative asylum is the process by which an individual who is physically present in the United States and is not in removal proceedings applies for asylum with USCIS. This is a proactive application for protection from persecution or a well-founded fear of persecution in their home country.

2. Who can apply for affirmative asylum?

You may apply for affirmative asylum if you:

• Are physically present in the United States.
• Are not currently in removal proceedings before an immigration judge.
• Meet the definition of a refugee under U.S. law, meaning you have experienced past persecution or have a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
• Generally, apply within one year of your last arrival in the United States, unless you qualify for an exception to this deadline due to changed circumstances or extraordinary circumstances.
• Are not subject to any mandatory bars to asylum.

3. How do I apply for affirmative asylum?

To apply for affirmative asylum, you must file Form I-589, Application for Asylum and Withholding of Removal, with USCIS. You can download this form and its instructions from the USCIS website. The application must be completed accurately and truthfully, and you should include all supporting documentation and evidence that substantiates your claim.

4. Is there a fee to apply for affirmative asylum?

No, there is currently no fee to file Form I-589, Application for Asylum and Withholding of Removal.

5. Where do I mail my asylum application?

The mailing address for Form I-589 depends on where you live. You should consult the instructions for Form I-589 on the USCIS website for the correct filing location based on your state of residence.

6. What happens after I file my asylum application?

After you file your asylum application, you will receive a receipt notice from USCIS. Your application will then be processed, which includes:

• Background Checks: USCIS will conduct background checks on you.
• Scheduling of an Interview: You will be scheduled for an interview at a USCIS Asylum Office. The scheduling is generally based on the date your application was received, with more recently filed cases often prioritized.
• Interview Notice: You will receive a written notice in the mail informing you of the date, time, and location of your asylum interview.

7. How is the asylum interview scheduled?

Asylum interviews are generally scheduled on a first-in, first-out basis, prioritizing more recently filed applications. The scheduling depends on the workload and capacity of the specific Asylum Office that has jurisdiction over your case.

8. Can I reschedule my asylum interview?

You may request to reschedule your asylum interview if you have a legitimate and compelling reason. You must notify the Asylum Office as soon as possible, preferably in writing, before the scheduled interview date, explaining the reason for your request. USCIS has the discretion to reschedule interviews on a case-by-case basis. Failure to appear for your interview without prior notification and a valid reason may result in the denial of your application.

9. Where will my asylum interview take place?

Your asylum interview will typically take place at the USCIS Asylum Office that has jurisdiction over your current address. The location will be specified in your interview notice.

10. What should I bring to my asylum interview?

You should bring the following to your asylum interview:

• Your original identification documents (e.g., passport, driver’s license).
• Any travel documents you may have.
• Copies of your Form I-589 and all supporting documents you submitted.
• Any additional evidence that supports your claim and that you have not yet submitted.
• If you are not fluent in English, a qualified interpreter who is fluent in both English and your native language. The interpreter must be at least 18 years old and cannot be a family member or friend.

11. Can I bring an attorney or accredited representative to my asylum interview?

Yes, you have the right to be represented by an attorney or an accredited representative at your asylum interview, at no cost to the government. If you have retained legal counsel, they should notify the Asylum Office in advance of the interview.

12. What happens during the asylum interview?

During the asylum interview, a USCIS asylum officer will ask you questions about your identity, your reasons for coming to the United States, and the basis for your fear of persecution in your home country. You will be asked to provide detailed testimony and present any evidence you have to support your claim. The officer will assess your credibility and the merits of your asylum application. The interview is recorded, and the officer will take notes.

13. What is “credible fear”?

“Credible fear” is a legal standard used in expedited removal proceedings. It means that there is a significant possibility that you could establish eligibility for asylum, withholding of removal, or protection under the Convention Against Torture. This standard is lower than the standard of proof required for asylum in a merits interview.

14. What is “well-founded fear”?

“Well-founded fear” is the standard of proof required for asylum. It means that there is a reasonable possibility that you would be persecuted if you were to return to your home country based on one of the five protected grounds. Your fear must be both subjectively genuine and objectively reasonable.

15. How long will the asylum interview last?

The length of the asylum interview can vary depending on the complexity of your case and the amount of information that needs to be discussed. Interviews can typically last anywhere from one to several hours.

16. Will the asylum officer make a decision at the end of the interview?

Generally, the asylum officer will not make a decision at the end of the interview. They will need time to review your testimony, the evidence, and relevant country conditions information before making a recommendation.

17. How will I find out the decision on my asylum application?

USCIS will mail a written decision to your address of record. You should ensure that USCIS has your correct and current address. You can update your address online through your USCIS account or by filing Form AR-11, Alien’s Change of Address Card.

18. What are the possible outcomes of an affirmative asylum application?

The possible outcomes of your affirmative asylum application are:

• Approval: USCIS determines that you meet the legal requirements for asylum and grants your application.
• Referral to Immigration Court: USCIS determines that you are not eligible for asylum but places you in removal proceedings before an immigration judge. This can happen if certain bars to asylum may apply or if there are other complexities in your case. You will then have the opportunity to present your asylum claim defensively to the immigration judge.
• Denial: USCIS determines that you do not meet the legal requirements for asylum and denies your application. If you are not in valid immigration status, you may be placed in removal proceedings.

19. What happens if my asylum application is approved?

If your asylum application is approved, you will be granted asylum status in the United States. As an asylee, you will be eligible to apply for an Employment Authorization Document (EAD), apply for a Social Security number, and after one year of being granted asylum, you may be eligible to apply for lawful permanent resident status (a Green Card). You may also be eligible to petition for certain qualifying family members to join you in the United States.

20. What happens if my asylum application is denied?

If your asylum application is denied and you are not in valid immigration status, USCIS may issue you a Notice to Appear (NTA), which initiates removal proceedings against you before an immigration judge. In removal proceedings, you will have the opportunity to present your asylum claim defensively to the immigration judge. You may also have the right to appeal the USCIS denial to the Board of Immigration Appeals (BIA) under certain circumstances.

21. What is the one-year filing deadline for asylum?

Generally, you must file your asylum application within one year of your last arrival in the United States. There are limited exceptions to this deadline if you can demonstrate changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing. You must provide compelling evidence to qualify for an exception.

22. What are “changed circumstances” for the one-year filing deadline exception?

Changed circumstances are those that were not present at the time of your arrival in the United States or within the one-year period after your arrival and that have a direct and substantial adverse effect on your eligibility for asylum. Examples might include changes in country conditions in your home country or changes in your personal circumstances that create a well-founded fear of persecution.

23. What are “extraordinary circumstances” for the one-year filing deadline exception?

Extraordinary circumstances are those events or factors directly related to your failure to file within the one-year period that were beyond your control and caused the delay. Examples might include serious illness, legal disability, ineffective assistance of counsel, or specific traumatic experiences.

24. Can I include my family members in my asylum application?

You may include your spouse and any unmarried children under the age of 21 who are in the United States at the time you file your affirmative asylum application. You must provide information about them in your Form I-589 and include supporting documentation to establish the familial relationship.

25. If I am granted asylum, can my family members outside the United States join me?

If you are granted asylum, you may be eligible to file Form I-730, Refugee/Asylee Relative Petition, for your spouse and unmarried children under the age of 21 who are outside the United States. There are specific eligibility requirements and filing deadlines for this process.

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