Affirmative Asylum

Affirmative Asylum

                The affirmative asylum process is used for individuals that are physically present in the United States at the time of their application. An application for asylum is available regardless of how the applicant arrived in the United States or their current immigration status.

An application for asylum must be submitted within one year of the applicant’s last arrival in the United States unless:

  • 1) the applicant can show changed circumstances that materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing or:
  • 2) the applicant filed within a reasonable amount of time given the circumstances.

If an applicant’s asylum case is not approved and the applicant does not have legal immigration status, USCIS will issue a Form 1-862 and refer the case to EOIR.

An applicant for affirmative asylum is rarely detained by US Immigration or ICE. Applicants may live in the United States when their application is pending.

For more information regarding affirmative asylum, and the process of affirmative asylum, please contact the Law Office of Jeffery Bennett via phone: 816-759-2776 (English), 816-759-2777 (Spanish); or via email: