Affirmative Asylum
If you are in the United States and do not feel safe returning to your country of origin, affirmative asylum may be an option for you. This immigration relief protects people who have suffered persecution or fear persecution based on their religion, nationality, or political opinions.
Unlike other types of asylum, this is a voluntary application to U.S. Citizenship and Immigration Services (USCIS), without the need to be detained or in deportation proceedings. It is a powerful tool that can change your life, providing you with security and a legal path to remain in the country.
At Lorenzo Law Group / Immigration Attorneys, we understand how difficult it can be to talk about your experiences. That’s why we guide you step-by-step through your application for affirmative political asylum in the United States, so you can do so with confidence and clarity.
What does affirmative asylum in the United States consist of?
Affirmative asylum in the United States is a type of immigration relief that protects people who have arrived in the country and fear returning to their country of origin. You do not need to be detained or in deportation proceedings to apply.
This process is initiated voluntarily, directly with USCIS. It is different from defensive asylum, which is requested during deportation proceedings.
Applying for affirmative asylum means that the person:
- Is already physically present in the United States or has recently arrived.
- Is afraid to return to their country due to persecution.
- Wants to begin the process before any immigration proceedings are initiated against them.
What situations can justify an affirmative asylum claim?
To request affirmative asylum in the USA, the fear must be based on one or more of the following reasons:
- Political opinions
- Race
- Religion
- Nationality
- Membership in a particular social group (such as LGBTQ+ individuals, women who are victims of domestic violence, or people threatened by gangs)
Affirmative asylum not only protects against deportation but also offers other important benefits:
- It allows you to live and work legally in the United States (after a certain period, you can apply for a work permit).
- It allows you to include close relatives in the application.
After one year, you can apply for permanent residency (Green Card).
Who can seek affirmative asylum in the USA?
Anyone who is in the United States and is not facing deportation proceedings can apply for asylum if they meet certain requirements.
It doesn’t matter if you entered with or without a visa. What matters is that you are physically present in the country and submit your application within one year of your arrival, except in exceptional circumstances.
You can apply for asylum if:
- You are in the United States, regardless of your immigration status.
- You are not currently in immigration proceedings.
- You have a genuine fear of returning to your country because you have suffered persecution or believe you could suffer it.
- The reason for your fear is related to:
- Your race
- Your religion
- Your nationality
- Your political opinions
- Your membership in a particular social group
Common examples of people seeking this type of asylum:
- Journalists persecuted for their work.
- Women victims of gender-based violence without protection in their country.
- People facing threats because of their gender identity or sexual orientation.
People who have fled gangs, armed groups, or extreme violence.
Requirements for applying for affirmative political asylum.
To file an application for affirmative political asylum in the United States, it is important to meet certain basic requirements established by USCIS. These requirements apply to anyone seeking this immigration relief within the country who is not in deportation proceedings.
Main Requirements:
- Be physically present in the United States.
It doesn’t matter if you entered with or without a visa. What is important is that you are physically present in the country at the time you file your application. - File the application within the first year of arrival.
You must request affirmative asylum in the United States within 12 months of entering the country. There are exceptions, but this is generally a key requirement. - Have a genuine fear of returning to your country.
This fear must be based on one of the following reasons. - Complete Form I-589 correctly.
This form is used to apply for affirmative political asylum with USCIS. - Not be in deportation proceedings.
The affirmative asylum application in the USA is only filed if you do not yet have an appointment with an immigration judge.
Situations that USCIS considers extremely dangerous in their country of origin
For an affirmative political asylum application to be approved, USCIS analyzes whether there is a real and extreme danger in the applicant’s country of origin. Feeling afraid or being in a difficult situation is not enough. There must be evidence that returning would pose a serious risk to your life or freedom.
These are some of the situations USCIS considers to involve maximum danger:
- Persecution based on political opinions
For example, activists, journalists, or individuals who oppose the government and have been threatened, beaten, imprisoned, or surveilled. - Violence for belonging to the LGBTIQ+ community
If in your country you face threats, attacks, or severe discrimination because of your sexual orientation or gender identity. - Severe gender-based violence
Women who suffer domestic or sexual violence and do not receive protection from authorities in their country. - Threats from armed groups or gangs
Such as extortion, forced recruitment, death threats, or violence against your family if you refuse to cooperate. - Discrimination or violence based on religion or ethnicity
If you have been rejected, attacked, or excluded for practicing your faith or for belonging to a minority ethnic group. - Children or youth at risk
Minors who are persecuted or recruited by gangs, illegal armed forces, or who are victims of human trafficking.
Restrictions as an asylum seeker in the United States that you should know
Obtaining affirmative asylum in the United States is a major step toward a safer life. However, it also means following certain rules. There are things you should not do, because they could put your asylee status at risk and even lead to the loss of your immigration relief.
These are some of the restrictions you must keep in mind:
- Do not return to your country of origin
If you go back to the country you said you were fleeing, USCIS may interpret that you are no longer in danger, which can affect your case or lead to the termination of your asylum. - Do not use your home country’s passport if you can avoid it
By using documents from that country, you could show that you still maintain ties with the government you claimed was persecuting you. - Do not commit crimes
Any crime, especially serious offenses, can result in the revocation of your asylum and the start of removal proceedings. - Do not lie in immigration processes
Providing false information or fake documents in other applications can damage your credibility and your asylee status. - Do not leave the country without permission
If you need to leave the United States, you must request a document called Advance Parole. Leaving without it can cause you to lose your status or be denied reentry. - Do not give up your asylee status if you do not yet have permanent residency
If you voluntarily give up asylum or accept protection from another country, you could close the path to obtaining your Green Card.
If I have immigration relief, can I petition for my family?
Yes. If you are granted asylum in the United States, you can petition for certain family members to also receive this immigration relief. However, there are conditions and timeframes that you must meet.
As an asylum seeker, you can include:
- Your legally married spouse
- Your unmarried children under 21
You cannot petition for siblings, parents, or other relatives at this stage of the asylum process.
- You must have received asylum status (meaning your asylum application has been approved).
- You must petition for your family within the first two years of your asylum approval. (USCIS may accept petitions after this period if you provide valid reasons for the delay.)
- You must complete Form I-730, which is used to petition for family members as an asylee.
Not necessarily. You can request them even if they are outside the country. If the request is approved, they will be able to enter legally with their own asylum status.
- They will also be protected by asylum.
- They will be able to live, study, and work legally.
- After one year, they will also be able to apply for permanent residency (Green Card)
Requesting asylum for your family is an important right under immigration relief. Our team will guide you step by step so that you and your loved ones can be safe and together in the United States.
The path to permanent residency after affirmative asylum
One of the major benefits of successful asylum in the United States is that, after a certain period, you can apply for permanent residency. This step is key to establishing yourself legally in the country more permanently and with greater rights.
When can you apply for permanent residency?
- You must wait at least 1 year from the date you were granted asylum.
- You may apply for yourself and for family members who arrived with you under the same immigration relief.
What are the benefits of obtaining a Green Card?
- You can live and work in the United States without restrictions.
- You gain access to additional immigration and employment benefits.
- After a few years, you may apply for U.S. citizenship if you meet the requirements.
Remember: asylum is only the first step. The ultimate goal is for you and your family to build a stable and lawful life in this country.
If you need help presenting your affirmative asylum case to USCIS, call us!
Affirmative asylum in the USA not only protects you from returning to a dangerous situation, but it also opens doors: you can live and work legally, petition for your loved ones, and later apply for permanent residency. At Lorenzo Law Group / Immigration Attorneys, we offer award-winning, personalized service in your language. Contact us today for a consultation and find out if you qualify for affirmative asylum.
