Asylum

An asylum application can be difficult to document if the applicant left his or her home country quickly to escape conditions there. Documentation should include an affidavit from the applicant, evidence of country conditions from the Department of State or other independent resources, letters from independent experts and evidence to support the truth of the applicant’s personal story. The high level of fraud in asylum applications makes the CIS particularly suspicious, so comprehensive and easy to understand documentation is critically important.

The first step is to file an asylum application (on form I-589) with supporting documentation as described above. Because of the high incidence of fraud, the CIS no longer gives work authorization to all asylum applicants. Rather, asylum applicants are eligible to apply for work authorization (using form I-765) if their application has been pending for more than 180 days or if the case has been approved. The I-765 EAD application can be filed after 150 days. An asylum applicant is eligible to study while their application is pending, but not to change status unless he or she also holds a valid nonimmigrant visa that allows change of status. Once the I-589 asylum application is reviewed, the next step is an interview with an asylum officer. This interview at the local CIS office is meant to screen out the fraudulent cases, and approve those cases that are extremely well documented. If the case is not approved at this interview and the applicant is out of status, he or she will be referred to the Immigration Court (EOIR) for a more formal hearing before a judge. If the case is not approved and the applicant is in status, no further action will be taken.

Asylum applicants cannot apply for employment authorization at the same time they apply for asylum. Rather, you must wait 150 days after the USCIS receives a complete application before you can apply for employment authorization. The USCIS has 30 days to either grant or deny your request for employment.