Applying for affirmative asylum in the United States can be a complex and delicate process, but there are certain errors you must avoid at all costs to increase your chances of success. The United States Citizenship and Immigration Services (USCIS) is witnessing a rise in improperly submitted affirmative asylum applications, leading to a concerning increase in rejections and a backlog of petitions resulting in longer waiting times. In this article, we will highlight some of the most common errors and how to avoid them.
1. Not signing the Form I-589 before submission
A simple oversight like failing to sign your asylum application can be sufficient grounds for the USCIS to reject it. Ensure that you complete all required fields, including signing Form I-589.
2. Failing to present a valid asylum claim
It is crucial that your asylum application is supported by a valid claim. Simply stating that you are afraid, that there are no employment opportunities in your home country, or that you seek a better future in the United States is not enough. The legal basis for asylum pertains to persecution or fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
3. Neglecting to attach crucial evidence
Your asylum case must be substantiated with strong evidence. Do not submit your application without documentation that supports your claims. This could include police reports, medical records, witness letters, or any other relevant documents.
4. Lack of understanding of the rules of the game
One of the most common errors is a lack of comprehension of the rules and regulations of the asylum process. You must educate yourself about eligibility requirements and valid grounds for asylum before submitting your application.
5. Errors in completing Form I-589
It is essential to follow the detailed instructions provided by the USCIS for completing Form I-589. Ensure you use the latest edition of the form, include all pages, and make sure the edition date and page numbers are visible on all pages.
6. Other important recommendations::
- Sign Form I-589 on page 9, Part D.
- Complete the form in English, including the explanation fields.
- No envíes múltiples copias del formulario ni de la documentación de respaldo.
- Do not send multiple copies of the form or supporting documentation.
7. Proper submission of the application:
The USCIS emphasizes the importance of submitting your affirmative asylum application to the correct location. You can find information on where to send Form I-589 on the USCIS website.
8. Adhering to the one-year deadline
You must submit your affirmative asylum application within one year from your arrival in the United States or by April 1, 1997, whichever is later. Otherwise, you will lose your right to remain or seek protection under the Asylum Act.
9. Asylum Bars
There are certain bars that may prevent you from applying for asylum in the United States. This includes failing to meet the one-year filing deadline, a prior denial of an asylum application by an immigration judge or the Board of Immigration Appeals (BIA), or the possibility of being removed to a third safe country under a multi-party agreement between the United States and other nations.
Applying for affirmative asylum in the United States is a legal and intricate process. Avoiding these common errors can increase your chances of success and ensure that your asylum application is treated fairly.
Remember that the legal counsel of an experienced immigration attorney can be invaluable in this process. At Canto Legalwe have a team of attorneys specialized in immigration law and can help you navigate the immigration processes. We offer comprehensive legal services and can help you comply with all legal requirements. Call us at +1 667-308-2264,send us a message on WhatsApp at +1 667-444-2320 or email us at [email protected] to schedule a consultation and obtain more information
