Affirmative relief application meaning :

In the context of immigration in the United States, the Affirmative relief application refers to a process whereby an individual applies for asylum without being faced with removal proceedings. In this sense, this approach is only available if the applicant has not yet been subjected to a removal decision.

The Affirmative relief application is based on Form I-589. This document must be completed and filed with the United States Citizenship and Immigration Services (USCIS) within one year of the applicant’s arrival in the USA. It contains the applicant’s personal information such as their identity, migration history, asylum background, and the reasons for seeking asylum. Its use in this process is to demonstrate the applicant’s credible fear of persecution in their country of origin.

In case of refusal of the Affirmative relief application, several options are available. Firstly, the applicant can appeal the decision with the USCIS within a specified period. If this step does not yield a satisfactory outcome, they may consider submitting a new asylum application by providing additional evidence or making modifications to their initial request. Seeking assistance from an immigration lawyer specialized in this field also remains an option to explore in order to maximize the chances of admission.

Steps to follow for the affirmative relief application

Allowing individuals to stay in the USA without fearing an expulsion decision, the Affirmative relief application involves a multi-step procedure. Applicants must carefully follow the instructions to succeed in the process. Here is the step-by-step process to complete an affirmative relief application :

• Submission of form I-589 : The applicant must fill out and submit Form I-589 to the United States Citizenship and Immigration Services (USCIS) within one year of their arrival in the United States.
• Interview demonstrating fear of persecution : If the applicant meets the eligibility criteria, they will undergo an interview with a USCIS officer to assess the credibility of their fear of persecution in their country of origin.
• USCIS decision : Based on the interview and provided documents, USCIS will make a decision regarding the approval or denial of the asylum application.
• Receipt of approval : If the application is approved, the applicant will receive authorization to stay in the United States and may be eligible for additional benefits such as work authorization.