Have you applied for asylum (I-589)? Are you still waiting for your interview? If so, here are some important facts about your status.
Asylum Work Permit: When Can You Apply?
✅ You can apply for a work permit (EAD) 150 days after filing your asylum application.
✅ You may receive your EAD up to 9 months after filing.
✅ USCIS is currently issuing work permits for 5 years.
Asylum Advance Parole: Can You Travel?
🚫 You cannot travel outside the U.S. The exception is if you have a documented life-or-death emergency involving immediate family.
🚫 You must apply and receive special permission for emergency travel.
🚫 USCIS issues advance parole for a short duration, often as a one-time travel document valid for 45 days.
Does Asylum Pending Status Lead to a Green Card?
🛑 Having an asylum pending status does not grant you a green card
🛑 You must wait for USCIS to approve your asylum case before applying for a green card.
Asylum Pending Status and Children’s Age Protection
👶 If your child was under 21 when you filed, USCIS freezes their age until they decide your asylum case. This helps ensure they remain eligible for benefits that apply to children. They will not lose out on benefits, even if they turn 21 while waiting for a decision.
👶 If your child gets married legally, they will fall out of your case. You may need to apply separately.
Can You Switch from Asylum Pending to a Work Visa?
🛑 TPS or a valid nonimmigrant visa (F-1, H-1, O-1, etc.), cannot switch from asylum pending status to a work-based visa. You also cannot apply for a DV Lottery green card.
Can You Be Deported While on Asylum Pending Status?
🛑 If you are arrested for a crime, asylum pending status may not protect you from deportation.
🛑 Some serious crime convictions lead to mandatory detention.
🛑 The Laken Riley Act may even cause deportation for minor crimes.
Stay Informed About Your Asylum Case
💡 Always check for updates on your case.
💡 Keep your contact details up to date with USCIS.
If you have questions about your case, contact SHEPELSKY LAW GROUP for a personal consultation and assistance!
📞 Tel: (718) 769-6352
🌐 Website: www.ShepelskyLaw.com