What Happens After Applying for Affirmative Asylum in the United States?

Applying for affirmative asylum in the United States is a significant step for individuals seeking protection from persecution in their home country. While submitting Form I-589, the Application for Asylum and for Withholding of Removal, is a critical milestone, it is only the beginning of a process that involves several stages and potential outcomes. Understanding what happens after the application is filed can help applicants prepare for the next phases and make informed decisions throughout their case. 

Initial Receipt and Notice from USCIS

Once an applicant files Form I-589 with United States Citizenship and Immigration Services (USCIS), the first formal step is receiving a receipt notice. This document confirms that USCIS has received the application and that the applicant is now officially in the affirmative asylum process.

This receipt notice typically arrives within two to three weeks of filing, although delays are possible depending on USCIS backlogs and mailing times. The receipt notice includes a case number, which can be used to check the status of the application online.

In addition to the receipt notice, applicants may also receive a notice for biometric services.

Biometric Services Appointment

Shortly after receiving the application, USCIS will send a notice scheduling the applicant for a biometric services appointment, usually at a local Application Support Center (ASC). During this appointment, USCIS will collect fingerprints, a photograph, and a signature.

The biometric appointment is usually scheduled within four to eight weeks of filing the asylum application. Attendance is mandatory. Failure to attend the appointment without properly rescheduling can result in delays or denial of the application.

USCIS uses biometric data to conduct background and security checks with other government agencies, including the Federal Bureau of Investigation (FBI). These checks help ensure that applicants do not pose a security risk and do not have a serious criminal history that would bar them from asylum eligibility.

The Asylum Interview: Notification and Scheduling

The next major step is the asylum interview. USCIS schedules asylum interviews based on the LIFO system, which stands for Last In, First Out. This means that USCIS typically schedules interviews for the most recently filed cases first, although exceptions may apply.

Interview wait times can vary significantly depending on the applicant’s location and the workload at the local asylum office. Some applicants may receive an interview notice within weeks or a few months of filing, while others may wait for a year or more.

The interview notice will specify the date, time, and location of the asylum interview. It will also include instructions for bringing an interpreter (if needed) and any supporting documentation. It is critical to prepare thoroughly for this interview, as it plays a central role in determining the outcome of the application.

Preparing for the Asylum Interview

The asylum interview is conducted by an asylum officer and typically lasts one to two hours. The officer will ask detailed questions about the applicant’s background, the reasons for seeking asylum, and the fears of returning to the home country.

Applicants should be prepared to:

• Clearly explain their story, including specific incidents of persecution or credible threats.
  
• Provide documentation supporting their claim, such as affidavits, country condition reports, medical records, or police reports.
  
• Demonstrate consistency between the written application and verbal testimony.
  
• Address any previous immigration history or legal issues.
  

Legal representation is permitted at the asylum interview, and many applicants choose to attend the interview with their attorney. Interpreters must be provided by the applicant, not USCIS, unless special exceptions apply.

Decision Timeline: How Long to Wait After the Interview?

After the interview is completed, USCIS typically advises applicants to return to the asylum office in about two weeks to receive the decision. However, delays are common, and many applicants wait months or even longer for a final determination.

There are generally three possible outcomes after the asylum interview:

1. Approval: If the asylum officer finds that the applicant meets the eligibility criteria for asylum, the application will be approved. The applicant will receive an approval notice and, shortly after, a Form I-94 Arrival and Departure Record indicating asylum status.
   
2. Referral to Immigration Court: If the applicant is not in lawful immigration status at the time of the interview and the asylum officer does not grant asylum, the case will be referred to an immigration judge. This is not a denial but rather a transfer of the case to the defensive asylum process in immigration court, where the applicant can present their case again before a judge.
   
3. Notice of Intent to Deny (NOID): If the applicant is still in lawful status but the officer intends to deny the application, USCIS may issue a NOID. This gives the applicant an opportunity to respond and submit additional evidence before a final decision is made.
   

What Happens After Approval

If the application is approved, the applicant receives asylum status in the United States. This comes with several important benefits:

• Protection from removal (deportation)
  
• Authorization to work in the United States without needing an Employment Authorization Document (EAD)
  
• Eligibility to apply for an EAD if desired (Form I-765)
  
• Eligibility to apply for certain government benefits
  
• The ability to apply for asylum status for qualifying family members, such as a spouse or children, if they are in the United States or can be brought in through follow-to-join procedures
  
• After one year, the asylee may apply for lawful permanent resident status (a green card) using Form I-485
  

If the Case Is Referred to Immigration Court

When an affirmative asylum case is referred to immigration court, it becomes a defensive asylum application. The applicant must appear before an immigration judge for a new hearing and present their case again, this time in a courtroom setting.

This process includes a Master Calendar Hearing (a brief scheduling hearing) and then one or more Individual Hearings, during which the applicant and their attorney present testimony and evidence. The immigration judge will then issue a decision to grant or deny asylum.

Importantly, even if USCIS refers the case to court, the applicant is still legally protected from removal while their case is pending before the court. Work authorization is also still possible if the applicant meets the requirements.

Work Authorization After Applying for Asylum

Applicants for asylum can apply for an Employment Authorization Document (EAD) 150 days after filing their application, provided no decision has been made yet. However, USCIS cannot approve the EAD until 180 days after the application was filed.

This 150-day waiting period, often referred to as the “asylum clock,” can be paused under certain circumstances, such as applicant-caused delays in the process. Therefore, it is essential to attend all appointments and submit requested documents in a timely manner.

Once the applicant receives an EAD, it is typically valid for two years and can be renewed while the asylum case is pending.

Family Member Eligibility

Applicants who are granted asylum can petition to bring certain family members to the United States under the follow-to-join process. This includes a spouse and unmarried children under the age of 21.

To request follow-to-join benefits, the principal asylee must file Form I-730, Refugee/Asylee Relative Petition, within two years of being granted asylum status. Extensions may be granted for humanitarian reasons, but timely filing is always recommended.

Family members granted derivative asylum status through this process receive the same benefits as the principal applicant, including the path to lawful permanent residence.

Long-Term Considerations

After receiving asylum, individuals must wait one full year before applying for a green card (lawful permanent residency). This application is made using Form I-485 and requires proof that the applicant has maintained asylum status, continues to meet the eligibility requirements, and has not traveled to the country of feared persecution.

After holding a green card for five years, an asylee may apply for U.S. citizenship through naturalization, provided all other eligibility requirements are met.

Seeking Affirmative Asylum? Contact Suday Law Today!

The path following an affirmative asylum application involves several stages, including biometrics, interviews, and possible referral to immigration court. While the process can be lengthy and complex, it ultimately offers a path to safety, stability, and lawful status in the United States.

At Suday Law, we understand the emotional and legal challenges involved in seeking asylum. Our firm is committed to helping clients navigate each step of the process with clarity, professionalism, and experienced legal support.

Whether you are preparing for an asylum interview, seeking work authorization, or pursuing lawful permanent residence after asylum approval, we are here to guide you every step of the way.

If you or a loved one has applied for affirmative asylum and need trusted legal counsel, contact Suday Law today for a confidential consultation.