The basis for an affirmative asylum claim
Asylum generally requires either past persecution or a well-founded fear of future persecution connected to race, religion, nationality, political opinion, or membership in a particular social group. The relationship between the harm and a protected ground is central. Economic hardship or general insecurity alone do not constitute persecution.
Affirmative applications are generally filed with USCIS by people within its jurisdiction. Prior removal proceedings, entry history, previous applications, and statutory bars can affect where and whether a case may proceed. The general one-year filing deadline has limited exceptions that require their own facts and evidence.
Prepare the record before filing
A useful declaration gives a clear chronology and explains events in the applicant’s own experience. Supporting materials may include identity documents, medical records, messages, witness statements, and reliable reports on country conditions. The evidence should connect general conditions to the individual claim.
Review prior visa applications, statements at the border, and earlier filings for consistency. Explain genuine errors, contradictions, or missing records rather than ignoring them. Translations must be accurate and certified by the translator. An applicant should not submit a borrowed story or add details merely because they appear in another successful case.
Referral without an asylum interview
A rule effective July 28, 2026, permits USCIS to refer certain affirmative asylum applications to immigration court without first conducting an interview. An August 31, 2026, correction accompanies the rule. USCIS estimated in the original Federal Register rule announcement that it may refer approximately 31% (around one in three) of affirmative asylum applications to immigration court without an interview with USCIS.
Referral is different from a direct USCIS grant or denial of asylum, for which the rule preserves an interview. Applicants should not assume they will always have an interview to supply missing facts. The possibility of referral makes careful initial preparation and an understanding of the next procedural stage particularly important.
The firm’s role and the next steps
Moro Legal handles affirmative asylum applications before USCIS. The firm does not represent clients in removal proceedings in immigration court. If USCIS refers a case to immigration court, separate legal counsel will be required for that stage. That possibility should be discussed before filing.
Prior to your attorney consultation, prepare a timeline of relevant events for your asylum claim, any prior immigration applications, and available evidence for your case. Work authorization, travel, and family members require separate analysis. Merely filing an asylum application does not immediately authorize employment. The consultation can identify deadlines, jurisdiction, and the documents needed to make an asylum claim.
