Affirmative Asylum

Asylum Explained

Benefits of Asylum

Affirmative asylum is a legal avenue through which individuals already on U.S. soil can voluntarily apply for protection as asylum seekers, taking a proactive step towards ensuring their safety and security. This process stands in contrast to defensive asylum, which is typically pursued as a reactive measure during removal proceedings to avert deportation. 

Asylum seekers looking to apply affirmatively must do so through the U.S. Citizenship and Immigration Services (USCIS), ideally well in advance of any potential removal actions. It requires the individual to provide evidence of a well-founded fear of persecution in their home country on account of race, religion, nationality, membership in a particular social group, or political opinion. The affirmative asylum process is a critical component of the United States’ humanitarian efforts, offering a structured and potentially life-saving recourse for those seeking refuge within its borders.

In the United States, individuals granted asylum are bestowed with legal status, affording them a variety of rights and privileges crucial for starting a new chapter of life with security and dignity. This includes the ability to reside and seek employment lawfully, with the opportunity to apply for a work permit soon after their asylum is granted.

Beyond these immediate benefits, asylees in the U.S. also have a designated pathway to more permanent status; specifically, they are eligible to apply for a green card, and thereby permanent residency, just one year following the approval of their asylum application, setting the stage for long-term stability and integration into American society.