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Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |  |
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What is the Affirmative Asylum Process? | | | | | | The Affirmative Asylum Process comprises the following
steps: | | | | | |
 | Step One: Asylum-Seeker Arrives in the U.S. | | | |
| | An Asylum seeker is generally eligible to apply for Asylum under INA § 208(a) if the Asylum seeker: | | | |
| | | • | Is arriving in or physically present in the U.S., and |
| | • | Files within one year of arriving
in the U.S. or establishes that an exception applies |
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| | | | Step Two: Asylum Seeker Applies for Asylum |
| | | | | Asylum seeker files Form I-589, Application for Asylum and Withholding
of Removal, with the appropriate Service Center within one year of last arrival in the U.S. (unless an exception applies). |
| | |  | | | | | Step Three: Applicant is Fingerprinted and Background Security
Checks Conducted | | | | | | Applicants between 14 and 79 years of age receive
a notice from the Service Center to go to an Application Support Center or authorized Designated Law Enforcement Agency to have their fingerprints taken. |
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| | | | Step Four: Applicant Receives Interview Notice |
| | | | | In most cases, an applicant will receive a notice stating the date, location, and time of the Asylum interview within 21
days after the applicant mailed a complete USCIS Form I-589, Application for Asylum and Withholding of Removal, to the Service Center. |
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| | | | Step Five: Applicant is Interviewed by an Asylum Officer |
| | | | | The applicant is interviewed by an Asylum Officer at either: |
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One of the following eight Asylum offices: | | | | | |
| 1. | Arlington, VA | |
| 2. | Chicago, IL | |
| 3. | Houston, TX | |
| 4. | Los Angeles, CA | |
| 5. | Miami, FL | |
| 6. | Newark (Lyndhurst), NJ | |
| 7. | New York (Rosedale), NY and | |
| 8. | San Francisco, CA or |
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| • | A district office | | | |
| | In the majority of cases, the applicant is interviewed within 43 days after the filing date. The exception is for those who are interviewed at the district offices. Asylum officers travel to certain district offices to interview applicants who live far from the eight Asylum offices. |
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| | | | Step Six: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision |
| | | | | The Asylum Officer determines whether the applicant: |
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Meets the definition of a refugee in INA § 101(a)(42)(A), and | |
| • | Is barred from being granted Asylum under INA § 208(b)(2) |
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| | | A Supervisory Asylum Officer reviews the Asylum Officer’s decision to determine if it is consistent with the law. Depending on the case, the Supervisory Asylum Officer may refer the decision to Asylum Division
Headquarters staff for review |
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| | | | Step Seven: Applicant Receives Decision |
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In most cases, the applicant returns to the Asylum office to pick up the decision two weeks after the interview was conducted | |
| • | The applicant will generally receive the decision 60 days after the filing date | | | • | Longer processing times may be required for an applicant who is currently in valid status, was interviewed
at a district office, or whose case is being reviewed by Asylum Division Headquarters staff. The decision is generally mailed to the applicant in these situations |
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|  | Benefits of Asylum | |
| Requirements for Asylum |
| | Applying for Asylum | | | Duration of Stay | |
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