The application filed with USCIS.
Affirmative asylum is requested by those who are not in removal proceedings: the application is filed with USCIS and the case is decided after an interview with an asylum officer.
We review your situation before starting, because that is what determines whether your case follows this path or the defensive one. On that basis we prepare a complete file, mindful of the deadlines.
It is one of the two paths to request asylum in the United States. It is called affirmative because you are the one who starts the process: you file Form I-589 with USCIS on your own initiative, without the government having placed you in removal proceedings.
The decision is not made by a judge but by an asylum officer, after an interview. It is an administrative path, more private and less adversarial than immigration court, though no less demanding when it comes to evidence. Your personal statement and your evidence must, on their own, tell a clear and consistent story.
Anyone who is physically in the United States, is not in proceedings before the immigration court, and fears returning to their country because of persecution connected to one of the five grounds the law protects: race, religion, nationality, political opinion, or membership in a particular social group.
It does not matter how you entered or whether you have valid status today: you can apply with a valid visa, an expired visa, or no status. What does matter is the deadline: as a general rule, within one year of your last arrival, unless an exception applies and is shown.
Form I-589 is filed with your personal statement and the evidence you have, including your spouse and unmarried children under 21 who are in the country. USCIS sends a receipt confirming the filing date, and from that date the clock for requesting a work permit starts running.
You will receive an appointment to have your fingerprints and photograph taken at a nearby office. Missing it without good reason can delay the case or cause it to be treated as abandoned.
This is the central moment. The officer asks about your story, your identity, and what you stated in the application. If you are not fluent in English, as a general rule you must bring your own interpreter. You may be accompanied by an attorney or accredited representative. Wait times until the interview vary widely and do not depend on you. It is wise to review your statement before going and to bring the originals of the documents you filed as copies.
If the officer approves the case, you receive asylum together with the family members included in the application. After one year with approved asylum you can apply for permanent residency, and if you have a spouse or children outside the country, you can request that they join you.
If it is not approved and you have no other legal status, the case is generally not simply denied: it is referred to the immigration court, where it becomes a removal proceeding and asylum is requested again, this time as defensive asylum, before a judge. If you do have valid status, you may instead receive a denial and keep that status for as long as it lasts.
The path is not chosen: your situation determines it. If you are not in removal proceedings, the path is affirmative, before USCIS. If you have already received a Notice to Appear and your case is before the court, the path is defensive, before a judge.
The practical difference is large. In the affirmative path the interview is private and an officer decides; in the defensive path there are hearings, a government attorney who can challenge your case, and a judge who rules. That is why, before filing, we confirm with you that no proceedings are open in your name.
Filing after the one-year mark without explaining the exception. A generic statement, copied from other cases or one that does not match what you say at the interview: the officer decides largely on credibility. Bringing an interpreter who does not handle your language well.
Missing the biometrics appointment or asking to reschedule the interview without need, which also stops the work permit clock. Not reporting a change of address to USCIS. And leaving the country with a pending application without the proper travel permit, which as a general rule is treated as abandonment.
At the first appointment we listen to your story, review your dates, and confirm that your case follows the affirmative path. If we see anything that requires legal representation, we tell you right then.
Then we prepare the complete file: we transcribe Form I-589, help you organize your statement with concrete dates, places, and facts, arrange the evidence, and explain how the interview works so you arrive calm. We have attorneys licensed in Colombia; in the United States our service is document preparation, in Spanish and English.
Tell us about your case and we will explain clearly how to move forward. If it does not qualify, we tell you at the first appointment.
Juliana Gómez Altamirano · Attorney licensed in Colombia