What Are the Requirements for Affirmative AsylumRequirements for Affirmative Asylum There are two ways of obtaining asylum in the United States. Through the affirmative process and the defensive process. We will discuss in further detail the affirmative process below. In order to obtain affirmative asylum in the U.S., you must first be physically present in the United States, regardless of how you got here or your current immigration status. Once you are located in the United States, you must then file (within a year of your last arrival in the United States) an Application for Asylum and for Withholding Removal form I-589. It is important to note that you may not be eligible to apply for asylum if you do not follow the one-year filing deadline for Form 1-589; if you previously had an asylum application denied by an immigration judge or Board of Appeals; or if you may be safely removed to a 3rd country. Next, once USCIS has received your application, you will receive both a notice providing acknowledgment that they received your application, and a notice instructing you to visit your nearest application support center to be fingerprinted. Everyone is fingerprinted for the purpose of background or security checks. You will not need to pay any fee’s to have your fingerprints taken, nor is there an application fee. If your spouse and children are also requesting asylum, they must go with you to your appointment. Once the fingerprinting has been completed, you will next receive a notice in the mail regarding the date and time of your scheduled interview. The interview will take place with an asylum officer at one of the 8 asylum offices, or at the USCIS field office. They will determine depending on where you live, where the interview shall take place. On the actual day of your interview, you must bring a form of identification such as: any passports you may have, travel or identification documents, and form I-94, Arrival Departure Record, if you received one when you arrived here in the United States. There are many additional documents you must bring to the interview that we would be happy to assist you with. Furthermore, if you should feel more comfortable with an attorney present, you are entitled to bring one to your interview. You must bring your spouse and children that are also seeking asylum, and if you do not speak English, you must bring an interpreter (over 18 years old) with you to the interview, as one will not be provided for you. If you wish, you may also bring witnesses to testify on your behalf. The interview generally last about an hour, depending of course on the case. An Asylum Officer will make a determination on eligibility. They will determine you are either eligible for asylum, or they will bar you from being granted asylum. Lastly, you must return to the asylum office to pick up the decision generally around two weeks after you’ve been interviewed. You may live in the United States while your application is pending before USCIS. If you are found to be ineligible, you can remain in the United States while your application is pending with the Immigration Judge. If you think you qualify for Affirmative Asylum, please contact us through our website or by calling us at 212-323-7435. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com
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