Humanitarian

Affirmative Asylum

Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion. If you are eligible for asylum you may be permitted to remain in the United States. To apply for asylum affirmatively, file Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival to the United States.

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01

Eligibility Requirements

02

Regulatory Criteria

Protected Grounds for Asylum

You may seek asylum if you have suffered persecution or fear persecution due to one or more of the following protected grounds:

Examples
  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

Filing Requirements

You must be physically present in the United States and file Form I-589 within 1 year of your arrival, unless you qualify for an exception to the filing deadline.

Examples
  • Must be physically present in the United States
  • Must not be a U.S. citizen
  • Must file Form I-589 within 1 year of arrival (with limited exceptions)
  • May file online or by mail depending on your situation
  • Cannot file online if in proceedings before immigration court or BIA

Including Family Members

You may include your spouse and children who are physically present in the United States as dependents on your affirmative asylum application.

Examples
  • Spouse may be included as a dependent
  • Children must be under 21 years old and unmarried to be included
  • Dependents may be added at time of filing or any time until final decision
  • Each dependent is included on your Form I-589

Employment Authorization (180-Day EAD Clock)

You are generally eligible for an Employment Authorization Document (EAD) when your asylum application has been pending for 180 days. You may file Form I-765 after 150 days.

Examples
  • May file Form I-765 after 150 days of pending application
  • EAD eligibility begins at 180 days (the 180-Day Asylum EAD Clock)
  • Applicant-caused delays do not count toward the 180-day period
  • If approved, EAD valid for up to 5 years
  • If granted asylum, you are immediately authorized to work

Delays That Stop the 180-Day EAD Clock

Certain delays that you request or cause while your asylum application is pending do not count toward the 180-day eligibility period for employment authorization.

Examples
  • Asking to transfer case to new asylum office or interview location
  • Asking to reschedule interview for a later date
  • Failing to appear at interview or biometrics appointment
  • Failing to provide a competent interpreter at interview (if required)
  • Asking to provide additional evidence at or after interview
  • Submitting large volumes of evidence immediately before interview that requires reschedule
  • Failing to receive and acknowledge asylum decision in person (if required)

After Asylum Decision

Your employment authorization status depends on whether your asylum application is granted, denied, or referred to immigration court.

Examples
  • If granted asylum: Immediately authorized to work without EAD
  • If granted: USCIS will mail an EAD to your address of record
  • If denied: Employment authorization terminates when EAD expires or 60 days after denial (whichever is later)
  • If referred to immigration judge: EAD remains valid through expiration date

Bringing Family to the United States

If you are granted asylum, you may petition to bring your spouse and children to the United States by filing Form I-730, Refugee/Asylee Relative Petition.

Examples
  • File Form I-730, Refugee/Asylee Relative Petition
  • Must file within 2 years of being granted asylum
  • Deadline may be excused for humanitarian reasons
  • No fee to file this petition
  • Child must be under 21 and unmarried

Path to Permanent Residence (Green Card)

You may be approved for a Green Card 1 year after being granted asylum by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Examples
  • Eligible to apply for Green Card 1 year after asylum grant
  • File Form I-485 for yourself
  • Submit separate I-485 for each family member with derivative asylum
  • Adjustment of status to lawful permanent resident
03

Application Process

Determine Eligibility

Confirm you have suffered or fear persecution based on protected grounds.

File Form I-589

Submit Application for Asylum and for Withholding of Removal within 1 year of arrival.

Biometrics Appointment

Attend appointment for fingerprints and photographs.

Asylum Interview

Attend interview with asylum officer at USCIS asylum office.

Decision

Receive decision: grant, denial, or referral to immigration court.

If Granted

Receive asylum status and work authorization.

Petition for Family

File Form I-730 within 2 years to bring spouse and children.

Apply for Green Card

File Form I-485 after 1 year of asylum status.

04

Key Benefits

Permission to remain in the United States
Work authorization (immediately upon grant, no EAD required)
Ability to petition for spouse and children to join you
Path to lawful permanent residence (Green Card) after 1 year
Protection from removal to the country of persecution
Access to certain public benefits
05

Documents Needed

06

Frequently Asked Questions

What is the difference between affirmative and defensive asylum?
Affirmative asylum is when you apply for asylum with USCIS while not in removal proceedings. Defensive asylum is when you apply for asylum as a defense against removal in immigration court. If your affirmative asylum application is not granted and you are not in lawful status, your case may be referred to immigration court.
How long do I have to file for asylum?
You must file Form I-589 within 1 year of your arrival to the United States, unless you qualify for an exception to the filing deadline based on changed circumstances or extraordinary circumstances.
Can I work while my asylum application is pending?
You may apply for employment authorization after your asylum application has been pending for 150 days, and you become eligible for an EAD after 180 days. Delays you cause do not count toward this period. If granted asylum, you are immediately authorized to work.
Can I include my family on my asylum application?
Yes. You may include your spouse and unmarried children under 21 who are physically present in the United States as dependents on your application. They may be added at filing or any time before a final decision.
What happens if my asylum application is denied?
If your affirmative asylum application is denied and you are not in lawful immigration status, your case will be referred to immigration court where you may apply for defensive asylum. Your employment authorization terminates when your EAD expires or 60 days after denial, whichever is later.
Can I travel outside the United States with a pending asylum application?
Travel outside the United States with a pending asylum application may result in abandonment of your application. Consult with an immigration attorney before traveling.
How do I bring my family to the United States after being granted asylum?
You may file Form I-730, Refugee/Asylee Relative Petition, within 2 years of your asylum grant to petition for your spouse and unmarried children under 21. There is no fee for this petition.
07

Fees

Full Service Fee (Initial Installment: $1,325)$5,900
FedEx Fee—

Fees are estimates and may change. Contact us for a quote for your specific case.

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Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.

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For informational purposes only — not legal advice · Consult an attorney for your specific situation.