Affirmative Asylum Application

Name: J. Lee & Associates Law Group
Address: 1250 Tech Dr, Suite 240, Norcross, GA, 30093, US
Telephone: (770) 609-9396
Price range: Free Consultation
Rating: 4.7

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Affirmative asylum is the process by which a person who is not in removal proceedings applies for asylum by filing Form I-589 with USCIS. Under INA § 208 and 8 CFR Part 208, any person physically present in the United States, regardless of immigration status or manner of entry, may apply for asylum. The affirmative process allows applicants to proactively seek protection before an asylum officer rather than waiting to raise asylum as a defense in immigration court.

To qualify for asylum, the applicant must demonstrate that they are a refugee — a person who has suffered persecution or has a well-founded fear of future persecution in their home country on account of one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. The applicant bears the burden of proof and must provide credible, specific evidence supporting their claim. Under INA § 208(a)(2)(B), the application must generally be filed within one year of the applicant's last arrival in the United States — missing this deadline can bar asylum eligibility.

JLA Law Group represents asylum seekers from across the world at the USCIS Atlanta Asylum Office. We conduct thorough preparation interviews, help clients articulate their persecution narrative clearly and consistently, compile supporting country conditions evidence, and prepare comprehensive declarations. An approval by the asylum officer grants asylee status, conferring the right to apply for a green card one year later.

Steps You Should Take

File Within the One-Year Deadline

The most critical first step is confirming your last entry date and whether the one-year filing deadline has passed. If your deadline is approaching, we prioritize filing a complete or protective I-589 immediately to preserve your right to asylum.

Document Your Persecution Claim

We conduct a detailed intake interview to understand your full history, identify which asylum grounds apply, and develop a coherent, credible narrative. We help you write a detailed declaration and gather supporting evidence including country conditions reports, medical records, and witness statements.

Prepare for the Asylum Interview

We conduct practice interviews to prepare you for the asylum officer's questions, review your I-589 answers thoroughly, and advise on how to present your claim clearly and consistently. Inconsistencies in testimony are a leading cause of denial.

Receive Decision and Plan Next Steps

If approved, we immediately begin planning your path to a green card (one year after asylum grant). If referred to immigration court, we represent you in defensive asylum proceedings. Call JLA Law Group at (770) 609-9396 to begin your asylum case today.

Frequently Asked Questions

What is the one-year filing deadline for asylum?

Under INA § 208(a)(2)(B), you must file your asylum application within one year of your last arrival in the United States. Exceptions exist for changed or extraordinary circumstances (8 CFR § 208.4(a)(4)-(5)), but these are narrowly construed. Filing late is one of the most common and preventable asylum mistakes.

What are the five grounds for asylum?

Persecution must be on account of: (1) race; (2) religion; (3) nationality; (4) membership in a particular social group; or (5) political opinion. The most litigated ground is 'particular social group,' which requires careful legal definition and supporting evidence specific to the applicant's country of origin.

What happens if the asylum officer does not approve my case?

If the asylum officer does not approve the case and you are not in lawful status, your case is referred to immigration court for removal proceedings. You may then assert asylum as a defense before an immigration judge — this is called defensive asylum.

Can my family be included on my asylum application?

Yes. Your spouse and unmarried children under 21 who are in the United States may be included as derivatives on your Form I-589 if they are present in the US. Family members abroad may be eligible for a following-to-join petition after your case is approved.

Does filing asylum give me work authorization?

Not immediately. You may apply for an EAD 150 days after filing a complete I-589 that has not been decided within 180 days (the asylum clock). Our attorneys track asylum clock dates carefully to ensure timely EAD eligibility.

Applicable Laws

INA § 208 / 8 U.S.C. § 1158Establishes the right to apply for asylum, eligibility requirements, the one-year filing deadline and exceptions, bars to asylum, and procedures for affirmative and defensive asylum applications.

8 CFR Part 208USCIS regulations governing asylum procedures, including Form I-589 filing requirements, interview procedures at asylum offices, credibility standards, and adjudication criteria.

INA § 101(a)(42) / 8 U.S.C. § 1101(a)(42)Statutory definition of 'refugee' — the standard an asylum applicant must meet: past persecution or well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

8 CFR § 208.4(a)One-year filing deadline regulations and exceptions: changed circumstances materially affecting eligibility or extraordinary circumstances relating to the delay may excuse late filing.

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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