FREQUENTLY ASKED QUESTIONS

How do I apply for affirmative asylum in the USA?

Filing Form I-589 -, Application for Asylum and for Withholding of Removal. Complete and file this form within one year of your arrival in the U.S. There are exceptions to the one-year filing deadline for certain situations.

Supporting Documents. Include any supporting documents, such as identification, evidence of persecution, and a personal statement detailing why you are seeking asylum.

Biometrics Appointment. After submitting Form I-589, you will receive a receipt notice (Form I-797C) and a notice to appear for biometrics (fingerprinting) at a local Application Support Center (ASC).

Asylum Interview Notice. You will receive a notice with the date, time, and location of your asylum interview at one of the USCIS Asylum Offices.

Prepare for Interview. Gather additional supporting documents and prepare to explain your case in detail during the interview. It is highly advisable to have an experienced and knowledgeable immigration lawyer present during the interview.

Asylum Interview. Conducted by an Asylum Officer. Attending the interview where an asylum officer will ask questions about your application and reasons for seeking asylum.

Decision Notice. After the interview, the asylum officer will make a decision on your case. This can take several weeks to several months.

Can I work while my asylum application is pending?

Yes, you can work while your asylum application is pending, but you must first obtain employment authorization. Here’s how you can do it:

Wait 150 Days: You must wait 150 days after submitting your complete asylum application before you can apply for employment authorization. This waiting period is called the “asylum clock.”

Application for Employment Authorization: After the 150-day waiting period, you can file Form I-765. This form requests employment authorization based on your pending asylum application.

USCIS Processing: Once you submit Form I-765, USCIS will process your application. If approved, you will receive an Employment Authorization Document (EAD), also known as a work permit.

Applying for EAD Renewal: It’s important to apply for the renewal of your EAD before it expires to ensure there is no gap in your ability to work legally.

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