Basic Steps of the Affirmative Application Process

Affirmative Asylum Seekers are those who enter the U.S. with a visa and then apply for asylum


Who Can Apply Affirmatively?

If you arrived in the US with a valid visa, student visa, or were paroled at the border, you can apply for asylum affirmatively. 

You can apply either online (recommended) or by paper (mail).

If you came across the border you cannot apply affirmatively or online. 

What is the deadline to apply affirmatively?

You have a one-year deadline to apply from your latest entry date in the US. 

It is recommended to apply just a bit before the expiration date of your visa stated in your I-94 given to you at the airport.

How to Apply Online:

If you don’t have a copy of your I-94 #, this can be obtained online. If you google “I-94” it will take you to this US Customs and Border Protection Website: https://www.cbp.gov/

On this website you will click “Get Most Recent I-94”

Once you have that document, save it as a PDF

How to Apply by Paper:

Print an I-589 form  here.

You can also go to the RIF page to download a French, Spanish or Russian form

However, you must submit your application in English

Important: Please make sure to give a secure address where you can receive mail from USCIS  and other important immigration notifications

When to  Submit your Story and Evidence

It is not mandatory to submit your story ( personal statement) and evidence when you first submit your application.  

You don’t need to submit your evidence and story when you first apply online. However you should submit it it as soon as you feel ready that you have thoroughly reviewed and translated in english and should certainly be submitted before interview.

How Do I Start An Asylum Application?

To start an asylum application, you need three documents:

  • An asylum application (Form I-589), which can be found here: https://www.uscis.gov/i-589.

  • A personal statement, also referred to as your story, which outlines why you are applying for asylum.

  • Evidence to support your personal statement.

If you need to change address with USCIS you need to fill the form AR 11

Visit the RIF page on guidelines for evidence here.

All documents and evidence must be translated into English

You do not need professional services.  You can use a person who is bilingual and who will have to submit the following certification the certificate needs to be nortarized.

Example:

I, [translator’s full name], certify that I am fluent in English and [other] languages and that this document is a true and complete English translation of the attached [other]-language document.

[Translator’s signature]

[Translator’s full name]

If you have not been able to secure a lawyer, you can submit your application on your own.

Please read the RIF page on increasing your chances of finding a free lawyer here.

You can apply for your work permit (EAD) 150 days after the RECEIPT date given to you by USCIS ( not the date you submitted the application).  

You can apply online for a work permit online here.

What Happens to Your Work Permit Clock If You Are Referred to Court?

If this occurs, you become a “defensive” asylum seeker. USCIS will rely solely on the EOIR clock information when processing an EAD application.

Click here to learn how to check your EOIR clock or call 1-800-375-5283

Asylum Application Overview

Check out part 1 of our video that explains how to fill out an asylum application (Form I-589)! This is the same form to submit to either USCIS (Asylum Office) or to Immigration Court.

Part 2 of Form I-589 Explanation

How to Apply for Asylum Online

IMPORANT NOTE: Any application started through USCIS online expires within one month! Be sure to have your form submitted before the one month mark, or else you will need to start again.

STATUS NOTE: If you entered the U.S. over border without permission, you will list your 'Status' as "ZN - UNKNOWN." On the paper application, this is referred to as EWI.

ADDRESS NOTE: It's crucial to distinguish between your home address and a long-term mailing address. On your application, please provide an address where you can consistently receive mail and updates.

"Cómo llenar la aplicación de asilo, formulario I-589" con la abogada Rebecca Press

You can read USCIS Form I-589 in Russian, Spanish, and French, but you need to submit your application and supporting evidence in English

Do you Need a Lawyer to Submit Your Application ?

Everything you need to know about the asylum application process. Click here to view or download PDF.


Where Can I Go For Help With My Asylum Application?

There are three options:

  1. Find a pro bono (free) lawyer. There is a high demand and therefore it is not guaranteed that you will get a free lawyer.

  2. Find a private lawyer. Private lawyers are expensive therefore it is very important that you do research about their qualifications on the internet.

  3. Apply on your own (pro se) and/or with help of pro se clinic, where volunteers help you prepare your application.

The Asylum Seeker Advocacy Project (ASAP) manages a nationwide database of pro se help desks and private attorneys recommended by nonprofits. The Immigration Advocates Network’s list of immigration nonprofits is also an excellent resource. Click the links below to search for attorneys in your area:

  1. Pro bono (Free) Lawyers Click Here (Search by ZIP code)

    • Note: Be sure to pay attention to the ‘Types of legal assistance’ listed for each organization.

  2. Private Immigration Lawyers Click Here (Search by state)

  3. Pro Se Help Desks Click Here (Search by state)

    • Note: Be sure to pay attention to the ‘Services’ listed for each organization.

How to Fill Out An Asylum Application

 Resources on What Type of Evidence to Submit:

Resources to Write your Story

Visit the RIF page or watch this video on general guidelines to write your story. 

Translation Certification

When to Apply For Work Permit:

For more support on filing your asylum application or work permits, join our monthly tutorials on Zoom: Join First Monday | Join Last Monday


Common Questions and Answers