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Affirmative asylum is for those people who are physically present in the U.S. and are not in any removal proceedings before an, Immigration Judge. Form I-589 must be filed within one year of the latest arrival in the U.S. In the event asylum is not granted then that person has no legal immigration status in U.S. and Notice to Appear before an Immigration Judge may be issued. A new decision will be made on the asylum application by the immigration Judge.

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