Affirmative Asylum 101

• Affirmative Asylum is a way for foreign nationals to remain in the country if returning to their home country would result in specific kinds of persecution.
• Affirmative Asylum does not require legal entry into the U.S., but must be applied for within one year of entering the U.S., outside of some extenuating circumstances.
• If your application for Affirmative Asylum is denied, you may resubmit it and assert your situation before a U.S. immigration judge.

 What Is Affirmative Asylum?

Affirmative Asylum is available to foreign nationals who are physically in the U.S. and not in removal proceedings or along the border at any point of entry.

Asylum is a form of legal protection allowing that individual to remain in the U.S. instead of being removed to their home country where they may face persecution due to their race, religion, nationality, political opinion, or inclusion in a particular social group.

Who Is Eligible For Affirmative Asylum?

Foreign nationals may apply for Affirmative Asylum regardless of how they entered the U.S. – legally or illegally.

You must apply within one year of your latest U.S. arrival unless you can prove extraordinary circumstances that prevented your ability to apply within that first year.

Thus, regardless of whether Khaled entered the U.S. illegally or on a student visa, he has one year to apply for Affirmative Asylum, with exceptions for extraordinary circumstances.

What Happens After Affirmative Asylum Is Denied? Is There Anything I Can Do At This Point?

If your affirmative asylum application is found ineligible, you may assert your asylum claim once more before a U.S. immigration judge in a removal defense court proceeding.

If for some reason Khaled’s Affirmative Asylum application was denied, he can make his claim again during his deportation (removal defense) proceedings.

For more information on Affirmative Asylum in the United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (201) 529-6888 today.