Introduction
Affirmative asylum applies to individuals who are outside of their country of past persecution or danger and fear persecution due to race, religion, political opinion, or other reasons if they were to return to their native country. Many people are unaware of the process of affirmative asylum and how to apply for it while there are hundreds of other cases pending before the immigration court and uncertainty as to when the applicant’s case will be heard. This booklet will serve as a guide to inform individuals who are seeking asylum in the hope of finding safety in a new country and future opportunity for success as a result of being persecuted for reasons listed above.
Define Affirmative Asylum in the United States
There are many steps that need to take place when an individual is seeking safety from persecution and applying for asylum and protection from deportation and removal. When an individual is prepared and ready to apply for asylum, they can start the process by filing a Form I-589, Application for Asylum and Protection Under the Convention Against Torture. An individual applying for asylum must have a well-founded fear of persecution in their home country on account of:
- race
- religion
- nationality
- political opinion
- membership in a particular social group
It is worth noting that millions of others are waiting for their immigration proceedings to be scheduled and for their case to be heard at Fort Snelling Immigration Court. On average, it now takes 27.5 months for these types of cases to process. There are a number of issues currently before the country in relation to refugees and individuals seeking to seek asylum in the U.S., and many immigration lawyers are voicing their concerns with the current state of affairs.
One way to ensure a safe and supportive process for applying for and defending the right to remain in the country of immigrants and refugees is to understand the rights that they have. However, as immigration policy has become more adversarial in recent years, affirmative asylum applicants have found themselves to be processed as removal cases. As a result, approval rates for such cases have precipitously declined. At Fort Snelling Immigration Court this past year, for example, 116 out of 2,100 applications for affirmative asylum were approved.
There is a false perception that all affirmative refugee applications are approved. Even in affirmative applications for asylum, most applicants will need to clearly establish that they have a credible fear of persecution in their home country due to political opinion or as part of other recognized social groups. Many individuals have been granted asylum in the U.S. due to persecution in their country for political reasons, including acts of inflicting fear by physical harm to the individual or their family or other serious actions.
Remember to stay informed regarding the ever-changing policies of asylum applications, and understand how they affect your rights to safely apply for asylum in the U.S.
Contextualize Affirmative Asylum within U.S. Immigration Law
Millions of people around the world are waiting for safety while their future is being decided in the U.S. Await refuge in the U.S. and learn about affirmative asylum in the U.S. in order to help people awaiting safety get relief in their search for safety. Affirmative asylum in the U.S. is distinct from defensive asylum and is a non-adversarial process that is intended to provide protection to eligible individuals through the process of granting relief from removal. There are over 3.9 million pending asylum applications, with over 1.4 million of those going through affirmative asylum in the U.S. processes. Therefore, much needed affirmative asylum in the U.S. reforms are required to enable people awaiting safety in order to get relief in a timely manner.
For many individuals and families waiting for refuge and safety, que es asilo afirmativo en estados unidos is the hope of a new life. Unlike defensive asylum that is filed during removal proceedings, affirmative asylum in the U.S. is intended to be a non-adversarial process to grant protection to those who are eligible for asylum. With over 3.9 million asylum applications pending before USCIS (including over 1.4 million affirmative applications) the wait for safety and for the opportunity to rebuild one’s life can be long and hazardous for many individuals and families.
These procedures are designed to establish a fair asylum system to grant refuge to individuals who are in need of protection in order to uphold the rule of law. With the recent change in procedure of processing of asylum applications from the immigration courts to USCIS in an effort to process these applications more expeditiously due to the huge backlog of pending applications, there are constantly emerging new legal developments that affect individuals with claims for refugee status and they are often left in a state of uncertainty and are not granted the time they need to seek safety and start building their lives.
Outline Key Characteristics and Requirements for Affirmative Asylum
Obtaining asylum in the U.S. can be a difficult and time consuming process that requires great attention to detail. An individual seeking affirmative asylum, referred to as que es asilo afirmativo en estados unidos, must meet specific characteristics and fulfill certain requirements in order to qualify for such relief. The individual must be physically present in the U.S. or entering the country at a port of entry. Most importantly, the individual must submit his or her request for affirmative asylum within one year of his or her arrival to the U.S. This time limit can be waived however, due to changed circumstances in the applicant’s home country.
To qualify for relief under affirmative asylum, an individual must have a well-founded fear of persecution on account of:
- race;
- religion;
- nationality;
- political opinion; or
- his or her affiliation with a particular social group.
Affirmative asylum applications are submitted using Form I-589 and contain a great deal of personal information and documentation in support of the individual’s claims for relief. After an individual’s affirmative asylum application has been submitted, he or she will participate in an interview with a USCIS officer. During this interview the individual will be expected to verbalize his or her fear of persecution as well as provide documentation in support of his or her claims for relief.
Because it can take years to receive a decision on an asylum application, including those applying for affirmative asylum, or que es asilo afirmativo en estados unidos, such as in 2026 when it averaged 7.3 years, it is imperative that an individual prepares and submits his or her application for asylum as quickly as possible. In addition, only a small percentage of such applications are approved, making each part of an individual’s affirmative asylum application extremely important and requiring great care in completing each section in order to best assist the individual in seeking asylum and trying to live safely in the U.S. with his or her family.
Differentiate Between Affirmative and Defensive Asylum
Do you want to apply for immigration to the U.S. and have the right to remain in the country legally? Many people do not even know if they will be legally present in the U.S. when they apply for immigration. For individuals not yet in removal proceedings, there is affirmative protection, or que es asilo afirmativo en estados unidos. For individuals already in removal proceedings, however, a person’s only avenue for seeking refuge and to remain in the U.S. is by means of defensive protection.
Affirmative and defensive protection both use the same legal criteria for granting refuge. However, affirmative protection is applied for by those individuals not yet in removal proceedings by filing an application for refugee status using Form I-589 within one year of arrival to the U.S. Late filing can be excused for “good cause.” In contrast, applicants for defensive protection are typically issued a Notice to Appear (NTA) by the Department of Homeland Security (DHS) and then apply for protection in removal proceedings before an immigration judge.
Do not feel like you have to go through immigration law alone. The amount of defensive refuge applications has skyrocketed in the last few years with 897,000 applications for the fiscal year of 2024 alone. This has caused a huge amount of cases to pile up in the immigration courts. In many cases, affirmative refuge applications have a higher approval rate than defensive refuge applications. It is good to know the differences between the two types of refuge and which type of refuge would be best for you. Working with an experienced immigration lawyer can greatly affect your asylum application.
At Vasquez Law Firm we offer FREE consultations and evaluations. We are here to serve you 24/7 for any urgent legal needs. You do not have to face your asylum case alone.
Conclusion
Affirmative asylum is protection from persecution for individuals and families who are seeking safe harbor in the U.S. It is very important for individuals seeking affirmative asylum to fully understand the process of the asylum application as well as the rights and qualifications of individuals seeking affirmative asylum. In order to file for affirmative asylum, an individual would file Form I-589 for affirmative asylum within one year of arrival in the U.S. and establish that he or she has a credible fear of persecution. However, processing time for affirmative asylum has become a huge challenge for many individuals.
The Vasquez Law Firm advises and represents clients seeking affirmative asylum. Because many of our clients speak only English and Spanish, we serve our clients in those languages. We offer free initial consultations and a variety of payment options. The Vasquez Law Firm can help you get started on rebuilding your life in the U.S. today.
Frequently Asked Questions
What is affirmative asylum in the United States?
Affirmative asylum is a process for individuals seeking safety from persecution in their home country. It involves filing a Form I-589, Application for Asylum and Protection Under the Convention Against Torture, based on a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
What are the steps to apply for affirmative asylum?
To apply for affirmative asylum, an individual must prepare and file Form I-589. This application must demonstrate a credible fear of persecution in their home country based on specific grounds such as race, religion, nationality, political opinion, or social group membership.
How long does it take for an affirmative asylum case to be processed?
On average, it takes about 27.5 months for affirmative asylum cases to be processed at immigration courts, such as Fort Snelling Immigration Court.
What challenges do affirmative asylum applicants face?
Affirmative asylum applicants face challenges due to an increasingly adversarial immigration policy, which has led to many being processed as removal cases. This has resulted in a significant decline in approval rates for affirmative asylum applications.
What are the approval rates for affirmative asylum applications?
At Fort Snelling Immigration Court, only 116 out of 2,100 affirmative asylum applications were approved in the past year, highlighting the difficulties applicants face in securing asylum.
Is it true that all affirmative asylum applications are approved?
No, there is a false perception that all affirmative asylum applications are approved. Most applicants must clearly establish a credible fear of persecution based on recognized grounds to be granted asylum.
Why is it important to stay informed about asylum policies?
Staying informed about the ever-changing policies regarding asylum applications is crucial as these policies can significantly affect an individual's rights and the process of safely applying for asylum in the U.S.
List of Sources
- Define Affirmative Asylum in the United States
- HIAS Statement on New Lawsuit Challenging Interim Final Rule on Asylum Referrals to Immigration Court Without Interview (https://hias.org/statements/hias-statement-new-lawsuit-challenging-interim-final-rule-asylum-referrals-immigration-court-without-interview)
- New rule limits interviews for many asylum seekers, fast-tracking deportations (https://mprnews.org/story/2026/08/10/new-rule-limits-interviews-for-many-asylum-seekers-fasttracking-deportations)
- USCIS Announces Rule Change to Asylum System to Reduce Backlog | USCIS (https://uscis.gov/newsroom/news-releases/uscis-announces-rule-change-to-asylum-system-to-reduce-backlog)
- New USCIS Asylum Interview Rule Could Speed Up Deportations of Asylum Seekers - American Immigration Council (https://americanimmigrationcouncil.org/blog/new-uscis-asylum-interview-rule)
- How are laws changing for asylum seekers? (https://asaptogether.org/en/law-changes)
- Contextualize Affirmative Asylum within U.S. Immigration Law
- Refugees and Asylees in the United States (https://migrationpolicy.org/journal/spotlight/refugees-and-asylees-united-states)
- USCIS Announces Rule Change to Asylum System to Reduce Backlog | USCIS (https://uscis.gov/newsroom/news-releases/uscis-announces-rule-change-to-asylum-system-to-reduce-backlog)
- Policy Brief: Modernizing America’s Asylum System (https://aila.org/library/policy-brief-modernizing-americas-asylum-system)
- Immigrant Rights Groups Sue to Protect Due Process for Asylum Seekers - National Immigrant Justice Center (https://immigrantjustice.org/press-release/immigrant-rights-groups-sue-to-protect-due-process-for-asylum-seekers)
- Outline Key Characteristics and Requirements for Affirmative Asylum
- How are laws changing for asylum seekers? (https://asaptogether.org/en/law-changes)
- New rule limits interviews for many asylum seekers, fast-tracking deportations (https://mprnews.org/story/2026/08/10/new-rule-limits-interviews-for-many-asylum-seekers-fasttracking-deportations)
- Affirmative Asylum Referrals Without Interview (https://federalregister.gov/documents/2026/07/28/2026-15190/affirmative-asylum-referrals-without-interview)
- USCIS Announces Rule Change to Asylum System to Reduce Backlog | Homeland Security (https://dhs.gov/news/2026/07/27/uscis-announces-rule-change-asylum-system-reduce-backlog)
- New USCIS Rule Changes the Interview Process for Certain Asylum Applications | Sverdloff Law Group (https://sverdlofflaw.com/new-uscis-rule-changes-the-interview-process-for-certain-asylum-applications)
- Differentiate Between Affirmative and Defensive Asylum
- Asylum Process in Immigration Courts and Selected Trends (https://congress.gov/crs-product/R47504)
- Affirmative vs Defensive Asylum: Everything You Need to Know (https://jeelani-law.com/articles/affirmative-vs-defensive-asylum)
- Types of Asylum - UNHCR USA (https://help.unhcr.org/usa/applying-for-asylum/types-of-asylum)
- USCIS Announces Rule Change to Asylum System to Reduce Backlog | USCIS (https://uscis.gov/newsroom/news-releases/uscis-announces-rule-change-to-asylum-system-to-reduce-backlog)
- Affirmative vs. Defensive Asylum: Key Differences Explained (https://sverdlofflaw.com/affirmative-vs-defensive-asylum)
