Affirmative Asylum in Nashville
Affirmative Asylum Applications (Form I-589) in Nashville, Tennessee
If you are in the United States and fear persecution in your home country, affirmative asylum may be a path to protection and permanent status. We prepare and file affirmative asylum applications with USCIS. We do not handle asylum cases in removal proceedings, and we say that at the start so you can find the right help quickly if that is your situation. A free intake call comes first.
Who this page is for
You are physically present in the United States and are not currently in removal proceedings; you fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group; and you are generally within one year of your last arrival, or you may qualify for an exception.
The one-year deadline
An asylum application generally must be filed within one year of your last arrival in the United States. Exceptions exist for changed circumstances that materially affect eligibility and for extraordinary circumstances that explain the delay. Neither exception is automatic: both have to be shown with evidence, and the application still has to be filed within a reasonable period. If you are near the one-year mark, treat it as urgent and contact us promptly. If you think you are past it, it is still worth asking, because the exceptions turn on your specific facts.
What an asylum case has to show
You must show past persecution or a well-founded fear of future persecution, on account of at least one of five protected grounds (race, religion, nationality, political opinion, or membership in a particular social group), by your government or by someone your government is unable or unwilling to control. Certain bars apply regardless of how strong a claim is, including some criminal history, security-related grounds, firm resettlement in another country, and participation in the persecution of others. We ask about these honestly at the outset because an officer will reach them either way.
What we prepare
Form I-589, your written declaration, and country-conditions and supporting evidence, with certified English translations where needed, followed by preparation for the asylum office interview.
The interview, and a recent change to know about
Asylum officers generally interview applicants. However, an interim final rule that took effect July 28, 2026 (91 FR 47101) lets an asylum officer refer an affirmative application to an immigration judge without conducting an interview in certain circumstances, and the rule is being challenged in court. Because of that, we prepare every filing as your complete presentation of the case, with your evidence and declaration included at filing.
Fees and timing
There is no base USCIS filing fee for Form I-589, but federal law requires a $100 asylum fee from the principal applicant at filing, plus an annual asylum fee for each year the application remains pending. Neither can be waived. The annual fee is $102 and rises to $105 effective October 16, 2026; USCIS sends the principal applicant a notice when it is due, it is paid online, and an unpaid annual fee can lead USCIS to reject the pending application. Affirmative asylum currently faces significant nationwide backlogs, and a case can take years from filing to a final decision.
Work authorization
Under current USCIS rules, you may apply for work authorization once your asylum application has been pending 150 days, and USCIS cannot issue the card before day 180. Delays you cause do not count toward that time. DHS has proposed lengthening the waiting period to 365 days; that proposal is not final, so we confirm the current rule on the day you file.
What we do not do
We handle affirmative matters only, filed proactively with USCIS. If you are already in removal proceedings and need to raise asylum as a defense in immigration court, we cannot represent you, and we would recommend a litigation-focused immigration attorney. Our attorney is licensed in Tennessee and handles federal immigration matters before USCIS.
Asylum Questions We Get Asked in Nashville
Do you handle asylum if I am already in removal proceedings?
No. We handle affirmative filings only.
Is there a deadline to apply?
Generally within one year of your last arrival, though exceptions may apply. The exceptions turn on your specific facts, so it is worth asking even if you think you are past the deadline.
Can you guarantee my asylum case will be approved?
No. No attorney can guarantee an outcome.
Can my spouse and children be included?
A spouse and unmarried children under 21 (as of the date you filed) who are in the United States can generally be included as derivatives, and each must not be subject to certain of the same bars, such as the persecutor, criminal, and security bars. Family members abroad are handled differently: an asylee may file Form I-730, the Refugee/Asylee Relative Petition, generally within two years of the grant, and an extension is available for humanitarian reasons.
Can I have a consultation by video?
Yes. Consultations are available by video, and appointments are required.
Our Office
Visit us in Nashville
3102 West End Avenue, Ste. 400, Nashville, Tennessee 37203. Appointments are required. Call 615-899-2866 or book online.
This page is general information about our services. It is not legal advice about your case, and reading it does not create an attorney-client relationship.
