Basic Steps of the Affirmative Application Process
Affirmative Asylum Seekers are those who enter the U.S. with a visa and then apply for asylum
Who Can Apply Affirmatively?
If you arrived in the US with a valid visa, student visa, or were paroled at the border, you can apply for asylum affirmatively.
You can apply either online (recommended) or by paper (mail).
If you came across the border you cannot apply affirmatively or online.
What is the deadline to apply affirmatively?
You have a one-year deadline to apply from your latest entry date in the US.
It is recommended to apply just a bit before the expiration date of your visa stated in your I-94 given to you at the airport.
How to Apply Online:
If you don’t have a copy of your I-94 #, this can be obtained online. If you google “I-94” it will take you to this US Customs and Border Protection Website: https://www.cbp.gov/
On this website you will click “Get Most Recent I-94”
Once you have that document, save it as a PDF
How to Apply by Paper:
You can also go to the RIF page to download a French, Spanish or Russian form
However, you must submit your application in English
Important: Please make sure to give a secure address where you can receive mail from USCIS and other important immigration notifications
When to Submit your Story and Evidence
It is not mandatory to submit your story ( personal statement) and evidence when you first submit your application.
You don’t need to submit your evidence and story when you first apply online. However you should submit it it as soon as you feel ready that you have thoroughly reviewed and translated in english and should certainly be submitted before interview.
How Do I Start An Asylum Application?
To start an asylum application, you need three documents:
An asylum application (Form I-589), which can be found here: https://www.uscis.gov/i-589.
A personal statement, also referred to as your story, which outlines why you are applying for asylum.
Evidence to support your personal statement.
If you need to change address with USCIS you need to fill the form AR 11
Visit the RIF page on guidelines for evidence here.
All documents and evidence must be translated into English
You do not need professional services. You can use a person who is bilingual and who will have to submit the following certification the certificate needs to be nortarized.
Example:
I, [translator’s full name], certify that I am fluent in English and [other] languages and that this document is a true and complete English translation of the attached [other]-language document.
[Translator’s signature]
[Translator’s full name]
If you have not been able to secure a lawyer, you can submit your application on your own.
Please read the RIF page on increasing your chances of finding a free lawyer here.
You can apply for your work permit (EAD) 150 days after the RECEIPT date given to you by USCIS ( not the date you submitted the application).
You can apply online for a work permit online here.
What Happens to Your Work Permit Clock If You Are Referred to Court?
If this occurs, you become a “defensive” asylum seeker. USCIS will rely solely on the EOIR clock information when processing an EAD application.
Click here to learn how to check your EOIR clock or call 1-800-375-5283
Asylum Application Overview
Check out part 1 of our video that explains how to fill out an asylum application (Form I-589)! This is the same form to submit to either USCIS (Asylum Office) or to Immigration Court.
Part 2 of Form I-589 Explanation
How to Apply for Asylum Online
IMPORANT NOTE: Any application started through USCIS online expires within one month! Be sure to have your form submitted before the one month mark, or else you will need to start again.
STATUS NOTE: If you entered the U.S. over border without permission, you will list your 'Status' as "ZN - UNKNOWN." On the paper application, this is referred to as EWI.
ADDRESS NOTE: It's crucial to distinguish between your home address and a long-term mailing address. On your application, please provide an address where you can consistently receive mail and updates.
"Cómo llenar la aplicación de asilo, formulario I-589" con la abogada Rebecca Press
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You do not need an official translation service. You can ask a person who is bilingual or fluent in your language to translate. The translation should write the following certificate of translation:
I, NAME, hereby certify I am fluent in English and X language, and I translated these documents fully and accurately to the best of my abilities.
Sign name, address, phone, email.
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After you submit your asylum application:
You will receive a receipt from USCIS. The receipt will include a “receipt date,” which marks the beginning of your asylum clock. Your asylum clock determines when you can apply for a work permit which is 150 days to be counted from your receipt date. The work permit is Form I-765.
You will receive a biometrics appointment to have your fingerprints taken. It is important that you attend this appointment. Not attending can cause delays in receiving your work permit.
You will be scheduled for an interview. This step can happen many months after you submit your asylum application.
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Currently those who apply the most recently will be the first ones to be interviewed. However, due to COVID and backlog of cases, there is no standard timeframe for when your interview will be scheduled.
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Yes, only if you arrive in Canada on a visa or another legal status. If you arrive at the Canadian border asking for asylum after filing for asylum in the US, they will not allow you entry. Note: You cannot claim asylum in Canada if you are placed in removal proceedings in the US.
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Find more information here.
Note: Please send applications via DHL/FedEx so you can keep a tracking number. Even though it is more expensive it will provide proof of the date that USCIS has received your application.
If sending by FedEx, UPS, or DHL (recommended): See non-P.O. Box address above.
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You can read USCIS Form I-589 in Russian, Spanish, and French, but you need to submit your application and supporting evidence in English
Do you Need a Lawyer to Submit Your Application ?
Everything you need to know about the asylum application process. Click here to view or download PDF.
Where Can I Go For Help With My Asylum Application?
There are three options:
Find a pro bono (free) lawyer. There is a high demand and therefore it is not guaranteed that you will get a free lawyer.
Find a private lawyer. Private lawyers are expensive therefore it is very important that you do research about their qualifications on the internet.
Apply on your own (pro se) and/or with help of pro se clinic, where volunteers help you prepare your application.
The Asylum Seeker Advocacy Project (ASAP) manages a nationwide database of pro se help desks and private attorneys recommended by nonprofits. The Immigration Advocates Network’s list of immigration nonprofits is also an excellent resource. Click the links below to search for attorneys in your area:
Pro bono (Free) Lawyers Click Here (Search by ZIP code)
Note: Be sure to pay attention to the ‘Types of legal assistance’ listed for each organization.
Private Immigration Lawyers Click Here (Search by state)
Pro Se Help Desks Click Here (Search by state)
Note: Be sure to pay attention to the ‘Services’ listed for each organization.
How to Fill Out An Asylum Application
Resources on What Type of Evidence to Submit:
Resources to Write your Story
Visit the RIF page or watch this video on general guidelines to write your story.
Translation Certification
When to Apply For Work Permit:
For more support on filing your asylum application or work permits, join our monthly tutorials on Zoom: Join First Monday | Join Last Monday