Asylum in the USA 2024: Each year, individuals arrive in the United States seeking refuge due to past persecution or the fear of future mistreatment based on factors such as race, religion, nationality, membership in a particular social group, or political opinion. Eligible individuals, who are not U.S. citizens and physically present in the country, can file an application for asylum using Form I-589.
Specific affirmative asylum applicants have restricted the online filing option for Form I-589. Those currently in immigration court proceedings, designated as unaccompanied alien children under 6 U.S.C. § 279(g) in removal proceedings, specified categories of applicants required to file by mail with the Asylum Vetting Center, or those with pending Form I-589 applications with USCIS cannot use the online filing option.
Asylum in the USA 2024:
Asylum seekers may receive permission to stay in the United States if they are eligible. To apply for asylum either affirmatively or defensively, one must submit Form I-589 within a year of arriving in the country. More details about affirmative and defensive filings can be found on the Obtaining Asylum in the United States page. Notably, there is no fee associated with applying for asylum.
Spouses and children physically present in the U.S. can include themselves as dependents on the asylum application, either when initially filing it or until authorities reach a final decision. The criteria for including a child as a dependent require that the child is unmarried and under 21 years old. The Form I-589, Application for Asylum and for Withholding of Removal page contains detailed information.
Those who receive a positive credible fear determination and are placed in expedited removal proceedings, and whose asylum application is retained by USCIS for further assessment in an Asylum Merits Interview, can access guidance on the USCIS page titled “Processing After a Positive Credible Fear Determination: Asylum Merits Interview.”
Individuals with pending asylum applications can track their application status using Case Status Online, requiring the receipt number provided upon filing.
Permission to Work in the United States
To seek authorization for employment, complete and submit a Form I-765, known as the Application for Employment Authorization. For detailed guidance, refer to the Form I-765 instructions.
Regarding Pending Asylum Applications:
To request an Employment Authorization Document (EAD) linked to your pending asylum application under category (c)(8), you can submit a Form I-765, Application for Employment Authorization, 150 days after filing your asylum application. Eligibility for an EAD is viable after your asylum application has been pending for an additional 30 days, totaling 180 days, commonly termed the 180-Day Asylum EAD Clock.
Any delays resulting from your requests or actions during the pendency of your asylum application at an asylum office or the Executive Office for Immigration Review do not factor into the 150-day waiting period or the 180-day eligibility duration.
These delays may encompass:
- Requesting a case transfer to a different asylum office or interview location
- notably for a change of address
- Seeking to reschedule an interview
- Nonattendance at an interview or biometrics appointment
- Failure to provide a competent interpreter when required at an interview
- Requesting to submit supplementary evidence before or after an interview
- Submitting substantial evidence shortly before an interview necessitating rescheduling
- or Failure to receive and acknowledge an asylum decision in person if mandated
Notably, if mandated to receive and acknowledge your asylum decision at an asylum office and you fail to appear, your 180-Day Asylum EAD Clock halts, potentially rendering you ineligible for employment authorization. If your case proceeds to an Immigration Court, this clock only restarts at your first hearing with an immigration judge.
Failure to attend a scheduled asylum interview without good cause, or failing to provide a competent interpreter without good cause if mandated, may result in the referral of your Form I-589 to an immigration judge. This can render you ineligible for employment authorization linked to your pending Form I-589. Establishing good cause or exceptional circumstances is crucial; refer to relevant information for further guidance.
For comprehensive details about employment authorization and applicant-caused delays, consult The 180-Day Asylum EAD Clock Notice (PDF, 394.42 KB). If the authorities approve your asylum-based job permit, it remains valid for up to 5 years.
Post-Adjudication of the Asylum Application:
Upon receiving asylum status, you gain immediate work authorization. Asylees can work without needing an EAD, although some might choose it for convenience or identification.
Asylum’s denied, your work permit ends either when your EAD expires or 60 days post-denial, whichever’s later. Your EAD remains valid until it expires, unless renewed, if an immigration judge refers your asylum application. If your asylum application is denied by the immigration judge, your work permit ends when it expires, unless you appeal to the Board of Immigration Appeals (BIA) or a federal circuit court after BIA review.Other ways to qualify for employment authorization include having valid immigrant or nonimmigrant status, parole, or temporary protected status.
Bringing Your Family to the United States
After getting asylum in the USA in 2024, you can bring your spouse and kids by submitting Form I-730, Refugee/Asylee Relative Petition. To include your child in this application, they must be under 21 years old and unmarried.
You must file the petition within 2 years of getting asylum, unless there are strong humanitarian reasons for an extension. There is no charge for submitting this petition.
Filing for Permanent Residence (Green Card)
Asylum in the USA 2024: One year after receiving asylum, you could become eligible for a Green Card. To begin the Green Card application process, complete Form I-485, titled Application to Register Permanent Residence or to Adjust Status. Submit separate Form I-485 packets for yourself and any family members who gained derivative asylum through your application.
To learn more about Green Cards for Asylees, visit USCIS dedicated page. For additional information regarding asylum, explore USCIS Asylum Questions and Answers page.
Contact for any help: https://taximmigration.co/contact-us/
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