Asylum through affirmative process is a very common one and requires the person who is applying, to physically be present in U.S. Also, doesn’t matter what the person’s current immigration status is or how was the way he arrived in the United States.
In order to apply for an Affirmative asylum, the applicant should have been less than a year In the United States since the day he first arrived. But, if the person’s circumstances has unexpectedly changed, and he was not able to make the application within a year, then, he also gets a change to apply.
To apply for this kind of asylum, the person who is applying and has a legal immigration status known by the U.S government, should fill the I-589 form and also, for Withholding of Removal to USCIS. Otherwise, if the person doesn’t have a legal immigration status, and also his case is not approved, he must fill the I-862 form, (Notice to Appear) and consult his case to an immigration Judge (EOIR), Executive Office for Immigration Review.
The next step includes the Judge to conduct a new, independent hearing for the specific case which takes a decision not based at the one USCIS took.
When applying for an Affirmative asylum, you must know that United States do not usually detain applicants form the country. If your application is still pending before the USCIS, you can stay and live in the United States. But, if your status is not eligible, you can stay in the U.S only by your immigration Judge. And also, asylum applicants will probably not be authorized to work.
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