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Affirmative Asylum Processing

What is Affirmative Asylum?

The term affirmative asylum refers to the process of applying for asylum before being in removal proceedings or deportation proceedings before an immigration judge. It is the government's preferred method of foreign nationals requesting for asylum protection in the United States. At our law firm, Fayad Law, P.C., we have helped hundreds of asylum seekers gain legal status in the United States over the past 20 years collectively. Our immigration attorneys in Virginia are adept at handling all immigration processes including the affirmative asylum process for those who are eligible for its benefits.

How the Asylum Process Works

Once a foreign national arrives in the United States, they may apply for asylum at their port of entry no matter what their immigration status may be. The application for asylum must be filed within one year of the individual's arrival in the United States unless there were changed circumstances or extraordinary circumstances which delayed their application filing. At that point, after filing, the individual will be scheduled for fingerprinting and a background check will be conducted by the FBI and CIA.

Once that is completed, the individual applicant will receive an interview notice for an interview with an asylum officer at one of the eight asylum offices or a district office, depending upon the applicant's residence in the United States. Usually, the applicant will have to return to that office within about two weeks to receive the decision on the application. USCIS claims that applicants will receive a final determination usually within 60 days of filing an application. If the applicant is approved, they can remain in the United States in a legal status and can apply for permanent residency one year after the grant of asylum.

Call an experienced Virginia immigration attorney!

If you or someone you know is seeking asylum in the United States, please contact us as soon as possible so that we can begin working on your application. We offer a free consultation, which is confidential and in private, for those seeking asylum or information about asylum or any other immigration benefit. Please, do not hesitate to call us, even if you are concerned about anonymity or privacy.

We are here as your Virginia immigration attorneys and want to help in any way we can. Please contact us today.

Client Testimonials

  • “I was really satisfied on how my case was handled and the outcome. Keep up the good work.”


  • “We received our green card approvals today and we highly recommend Fayad Law for all your immigration needs”


  • “I recommend Fayad Law, P.C. to anyone who needs professional immigration advice.”