When you submit your application to obtain asylum in the United States, you may be unpleasantly surprised to learn that these cases can take years to review as there are thousands of backlogged cases. However, this doesn’t mean you are stuck in limbo until your case is decided. One of the most common questions those seeking asylum ask is whether or not they can work while their application is pending. The following blog explores what you should know about these matters, including the importance of discussing your legal options with Fairfax County work visa lawyers to assist you through this process.
What Does It Mean to Seek Asylum?
When you are facing persecution in your home country due to your race, religion, political opinion, standing in a social group, or nationality, you can seek asylum in the United States. Essentially, if you are facing serious human rights violations, war, violence, or armed conflict in your home country, but you are not yet a refugee, you have the right to seek protection in the United States. Essentially, all refugees were once asylum-seekers, but an asylum seeker is not yet a refugee.
In order to apply, you must be physically present in the United States and file a Form I-589, Application for Asylum and for Withholding of Removal. You must submit this form within one year of your arrival. Unlike many other immigration forms, there is no filing fee associated with applying for asylum.
Am I Allowed to Work While My Application Is Pending?
As mentioned, asylum cases can take years before they are reviewed. As such, it’s important to understand what you may and may not do during this waiting period.
Generally, you are permitted to attend higher education classes because you have legal authorization to remain in the country. Additionally, you may move within the United States so long as you inform the U.S. Citizenship and Immigration Services (USCIS) of the change in your address. You should note, however, that this can cause delays to your asylum case.
In addition, you are allowed to apply for employment authorization by filing a Form I-765, Application for Employment Authorization. Generally, this is only applicable if your case has been pending for more than 150 days. In addition to completing the form, you’ll need to show the date on which your Form I-589 was received by USCIS to prove that you have endured the necessary waiting period before applying for work authorization.
If you are ready to seek asylum in the United States, it’s in your best interest to connect with an experienced attorney to represent you through this process. At Goel & Anderson, our team can assist you with filing the necessary paperwork to ensure there are no unnecessary delays in this process. In addition, we can help you obtain the proper work authorization so you may make a living for yourself while your case is pending. Contact us today to learn how we can assist you during these difficult times.
