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Connecting Borders, Building Futures:
Your Immigration Journey Starts Here
Compassionate Representation
Nashville Affirmative Asylum Attorney
At CB Immigration Law, we understand your trust in our firm is paramount, and we are dedicated to providing unwavering support throughout your immigration journey. We recognize the intricate nature of immigration laws and the challenges they pose. The immigration process can be complex, challenging, and cumbersome. Our experienced team is here to navigate you through the complexities of the affirmative asylum process with expertise and dedication, ensuring your peace of mind every step of the way.
AFFIRMATIVE ASYLUM
What is Asylum?
Asylum is a form of protection granted by a country to individuals who have fled their home country due to persecution or a well-founded fear of persecution. There are two types of asylum: Defensive and Affirmative, depending on whether the individual is in immigration proceedings.
What is Affirmative Asylum?
Affirmative asylum is a process through which individuals who are physically present in a country but are not in removal proceedings can apply for asylum. In the United States, for example, affirmative asylum seekers submit their application directly to the United States Citizenship and Immigration Services (USCIS) rather than through immigration court.
How Do I Qualify for Asylum?
In order to qualify for asylum, an individual meet certain criteria. Asylum to individuals who have fled their home country due to persecution or a well-founded fear of persecution based on:
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race
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religion
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nationality
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membership in a particular social group
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political opinion
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This protection is typically granted to those who are unable or unwilling to return to their home country because of the fear of persecution.
How Long Do I Have to Apply for Asylum?
Asylum seekers MUST file their asylum applications within one year of arriving in the United States. In rare situations, applicants may file an asylum application after the one-year deadline if the applicant is able to prove extraordinary circumstances barred you from applying.
Can I Get Employment Authorization During the Asylum Process?
You can apply for an Employment Authorization Document (EAD), also known as a work permit, during the asylum process in the United States. As an asylum applicant, you may be eligible to apply for an EAD if certain conditions are met. Applicants in the Affirmative Asylum process can apply for an EAD once application has been filed for at least 150 days.
The Affirmative Asylum Process
Pre-Interview
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Prepare Asylum Application
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To start the asylum process, individuals will need to prepare Form I-589. In addition to completing the form, individuals should focus on gathering evidence to submit with the application.
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Evidence should support the asylum claim. This may include personal statements detailing personal experiences of persecution, affidavits from witnesses, medical reports documenting any injuries or trauma, news articles or reports about the human rights situation in individual's home country, and any other relevant documents that corroborate the asylum claim.
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File Asylum Application
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To apply for affirmative asylum, individuals must generally submit Form I-589, Application for Asylum and for Withholding of Removal, within one year of their arrival in the United States. They may also include their spouse and children who are in the United States on their application.
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Biometrics Appointment
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Biometric appointments are commonly required in various immigration processes, including asylum applications.
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During a biometric appointment, the applicant typically visits a designated location, such as a government office or an authorized service center, where trained personnel collect the necessary biometric data. USCIS collects the applicant's fingerprints, photograph, and signature. This information is then used by immigration authorities to verify the applicant's identity, conduct background checks, and process their application.
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Asylum Interview
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After submitting their application, affirmative asylum applicants may be scheduled for an interview with an asylum officer, where they will have the opportunity to present their case and provide evidence to support their claim of persecution or fear of persecution in their home country. If the asylum officer finds the applicant eligible for asylum, they will be granted asylum status, allowing them to remain in the United States and eventually apply for permanent residency.
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Post Interview (Granted)
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After the asylum interview, the asylum officer will review the applicant's case, including their testimony, supporting evidence, and any other relevant information. The officer will then make a decision on the asylum application. If the asylum officer finds the applicant eligible for asylum, they will grant asylum status. The applicant will be able to apply forlegal permanent residence one-year after asylum has been granted.
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Post Interview (Denied)
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If the application is denied, the case may be referred to immigration court for further review.
Post-Interview
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Connecting Borders, Building Futures:
Your Immigration Journey Starts Here
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APPOINTMENTS ARE REQUIRED
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4015 Travis Drive, Suite 212,
Nashville, Tennessee 37211
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Email: info@cbimmigrationlaw.com
Phone: 615.899.2866
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