Asylum Visa to USA Translation Guide

Affirmative Asylum

Affirmative asylum is for people who are not in removal proceedings. They apply for asylum through the U.S. Citizenship and Immigration Services (USCIS). Here’s how it works:

• Application Submission: Fill out Form I-589, an Asylum application, within one year of arriving in the U.S.
• Biometric Services: Attend an appointment to provide fingerprints, photos, and a signature.
• Interview: Meet with a USCIS Asylum Officer for an interview to explain your case and provide evidence.
• Decision: USCIS will decide your case. If approved, you can stay in the U.S. and may later apply for permanent residency. If denied, your case might go to an immigration judge, and you may enter defensive asylum proceedings.

Defensive Asylum

Defensive asylum is for people who are in removal proceedings and seek asylum to avoid deportation. This process includes:

• Removal Proceedings: Start when someone is undocumented or has violated their visa conditions.
• Application Submission: Submit Form I-589 to the immigration court during the removal process.
• Immigration Court Hearings: Attend hearings before an immigration judge. These hearings involve an attorney from the Department of Homeland Security (DHS) who will argue against your asylum claim.
• Evidence and Testimony: Provide evidence and speak in court to support your asylum request. This can include witness statements, documents showing persecution, and reports on country conditions.
• Judge’s Decision: The judge will decide your case based on the evidence. If approved, you can stay in the U.S. If denied, you can appeal to the Board of Immigration Appeals (BIA).

Both types of asylum processes can be complex, so it’s a good idea to seek legal help to prepare your application and present your case.