Can I Get Work Authorization with a Pending Asylum Case?

Once the United States Citizenship and Immigration Services (USCIS) grants you asylum status, you may be immediately authorized to work in the country. However, getting this approval may take several months, given that no extra delays are imposed on your application. So, during this waiting period, it is understandable if you want to get a jumpstart on establishing your life in the United States and begin earning money for yourself and your dependents. That said, please read on to discover whether you can obtain work authorization while your asylum case is still pending and how one of the seasoned asylum lawyers at Lupton Law LLC can help you fill out the right forms to accomplish this.

Can I get work authorization while my asylum case is pending?

The short answer is, yes, you may receive work authorization when your asylum case is still pending by filing Form I-765, Application for Employment Authorization. If approved, the USCIS may issue you an Employment Authorization Document (EAD). Importantly, though you should understand that you must wait at least 150 days total after filing your asylum application, Form I-589, Application for Asylum and Withholding of Removal, before you can file Form I-765. Then, you must wait at least another 30 days until you can become eligible to receive an EAD. This makes a total 180-day mandatory waiting period.

Can delays in my asylum case affect my work authorization?

It is possible that, after filing Form I-589, you may request or cause delays in your overall asylum case. For example, you may request that the USCIS reschedule your asylum interview for a later date or at a different office location, based on changes in your personal life. Or, you may fail to appear to your scheduled asylum interview on time or come prepared with the proper evidence, necessary language interpreter, or otherwise. Lastly, you may fail to receive and acknowledge the USCIS’s asylum decision in person, if they require you to do so.

At any rate, you should know that your 180-day waiting period does not include delays that you request or cause while your asylum case is pending with the USCIS or Executive Office for Immigration Review (EOIR). This is because such delays stop the clock, so to speak. And your Form I-765 cannot be approved before it has been pending for a cumulative 180 days. Therefore, you cannot receive an EAD when your asylum case has been pending for so little time. This is unless you can effectively prove to the USCIS or EOIR that you had a good cause to request or cause such a delay.

You must be fully equipped to enter your upcoming asylum case proceedings. Your preparation is not complete without hiring one of the competent asylum lawyers. Contact Lupton Law LLC today.