San Francisco Affirmative Asylum Lawyers

Guidance on Affirmative Asylum Applications in San Francisco, CA

There are many situations where people may flee from their home countries due to persecution or a well-founded fear that they or their family members will suffer harm. To protect the safety of people in these situations, several countries, including the United States, offer asylum protections. Asylum will allow a person to remain in the United States rather than being forced to return to a country where they may be in danger of further persecution. One way immigrants may be able to receive protection is by applying for affirmative asylum.

At Hafey & Karim, our immigration lawyers have a strong understanding of the laws that affect immigrants and the procedures followed in asylum cases. We have a strong record of success in asylum cases, and we have worked with numerous clients who have sought asylum protections, including people from Punjab and Haryana, India.We can help prepare and submit applications for asylum that include documents proving that a person is eligible for protection. We can also help address any other related immigration issues, including helping people apply for Green Cards after being granted asylum.

What Is Affirmative Asylum?

Affirmative asylum is a process through which immigrants who are already present in the United States can apply for asylum protection. Unlike defensive asylum, which is sought as a defense against removal from the U.S., affirmative asylum is voluntarily applied for through U.S. Citizenship and Immigration Services (USCIS).

Requirements to Qualify for Affirmative Asylum

To be eligible for affirmative asylum, immigrants must meet several specific requirements:

• Presence in the United States: The applicant must be physically present within the United States at the time they file their asylum application.
• Fear of persecution: The applicant must demonstrate a reasonable fear that they will suffer persecution based on certain specific factors. This may include persecution of members of a certain race, religion, or nationality. People may be persecuted because they belong to a social group that has been targeted for oppression, or they may face consequences for having political opinions that differ from what a country's government or members of the public deem to be acceptable. A person may be able to provide proof that they have suffered persecution in the past, such as being jailed for their political opinions, or they may demonstrate that it is likely that they or their family will suffer harm due to oppressive conditions in their home country.
• One-year filing deadline: An application for asylum must be filed within one year after a person first came to the United States. Exceptions to this deadline may apply if a person can show that there have been changes in circumstances related to their eligibility for asylum, such as changes to the government in their home country. Extraordinary circumstances that affected a person's ability to file an application may also be considered. To receive an exception, a person will need to show that they filed their application within a reasonable timeframe based on their circumstances.
• No bars to asylum: The applicant must not be restricted from receiving asylum. Bars to asylum may include convictions for certain serious crimes, issues that may indicate that a person threatens the national security of the United States, or a firm resettlement in another country prior to arriving in the United States.

Applying for Affirmative Asylum

The procedures followed when applying for asylum include:

1. Submission of Form I-589: A person must submit an Application for Asylum and for Withholding of Removal to U.S. Citizenship and Immigration Services (USCIS). This form requires detailed information about the applicant's background, the forms of persecution they have faced or are likely to face, and the basis for their fear of future persecution.
2. Supporting documentation: An applicant will also need to provide information that corroborates their claims. Documents demonstrating a reasonable fear of persecution may include personal affidavits, police reports, news articles, letters from witnesses or experts, and medical and psychological records.
3. Asylum interview: The applicant will meet with a USCIS asylum officer. During the interview, the officer will ask questions about the applicant's asylum claim and evaluate the credibility of their testimony and supporting evidence.
4. Decision: After the interview, the asylum officer will make a decision on the case. The applicant may be granted asylum, referred to an immigration judge for further proceedings (if the applicant is found not eligible for asylum), or issued a Notice to Appear in immigration court for a defensive asylum hearing.

Contact Our Dallas, TX and San Francisco, CA Affirmative Asylum Lawyers

The attorneys at Hafey & Karim have extensive experience representing clients in matters related to immigration. We can help determine the best options for avoiding deportation, receiving authorization to remain in the United States, obtaining a Green Card, and eventually applying for citizenship. We can provide personalized support to ensure that an asylum application is thorough and includes compelling evidence that a person needs protection to avoid persecution. Reach out to us to set up a free consultation and get the legal representation you need during the asylum process.