Can You Work While Your Asylum Case Is Pending?

Navigating the asylum process can be a challenging journey, especially for refugees and immigrants in Tulsa, Oklahoma. Many individuals seeking asylum wonder about their ability to work while their case is pending. Understanding your rights and options is crucial as you navigate this complex legal landscape. This blog post aims to provide clarity on whether you can work while your asylum application is under review, along with practical steps and considerations.

Understanding Asylum Status and Work Authorization

What is Asylum?

Asylum is a form of protection granted to individuals who have fled their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. In the U.S., the asylum process can take time, often stretching over several months or even years.

Work Authorization for Asylum Seekers

In general, asylum seekers are not automatically granted the right to work in the United States. However, there are specific circumstances under which you can apply for a work permit while your asylum case is pending.

Steps to Obtain a Work Permit

Step 1: File Your Asylum Application

To be eligible for a work permit, you must first file your asylum application (Form I-589). This form is crucial as it initiates your asylum process. It is essential to submit your application within one year of your arrival in the U.S., unless you qualify for an exception.

Step 2: Wait for 150 Days

Once your asylum application is filed, you must wait for at least 150 days before you can apply for a work permit (Form I-765). The 150-day waiting period begins once your application is officially received by the U.S. Citizenship and Immigration Services (USCIS).

Step 3: Apply for a Work Permit

After the 150-day period, you can submit your work permit application. You will need to include:

• A completed Form I-765
• A copy of your asylum application receipt
• Two passport-sized photos
• Any other required documentation

Step 4: Receive Your Work Permit

Once your application is processed, you will receive a decision on your work permit application. If approved, your work permit will allow you to work legally in the U.S. while your asylum case is pending.

Common Pitfalls to Avoid

Delayed Application Submission

One of the most common pitfalls is delaying the submission of your asylum application. Remember, you must file within one year of your arrival in the U.S. Failing to do so could jeopardize your eligibility for asylum and work authorization.

Not Tracking Your 150-Day Wait Period

It's crucial to keep track of the 150-day waiting period. Many applicants mistakenly believe they can apply for a work permit immediately after submitting their asylum application. Ensure you apply only after the waiting period has elapsed.

Incomplete Applications

Submitting an incomplete work permit application can lead to delays or denials. Double-check that you have included all required documents and information before sending in your application.

Checklist for Applying for a Work Permit

• File your asylum application (Form I-589).
• Wait for 150 days after USCIS receives your application.
• Complete Form I-765 for the work permit.
• Gather required documents (asylum receipt, photos, etc.).
• Submit your work permit application.

Frequently Asked Questions

Can I work while my asylum case is pending?

No, you cannot work until you have applied for and received your work permit. You must wait 150 days after filing your asylum application before applying for the work permit.

How long does it take to get a work permit after applying?

Processing times for work permits can vary. Generally, it may take several months to receive a decision on your application. Stay informed by regularly checking USCIS processing times.

What if my asylum case is denied?

If your asylum case is denied, your work permit may also be revoked. It is essential to consult with an immigration lawyer to discuss your options and potential next steps.

In conclusion, while you cannot work immediately after filing your asylum application, you can obtain a work permit after a waiting period. Understanding the process and being aware of potential pitfalls can help you navigate your asylum journey more effectively. For help with your case, call +1 918 221 9438 (phone or WhatsApp) or visit our consultation page at New Horizons Legal.

Disclaimer: This content is general information and does not constitute legal advice. For personalized guidance, schedule a confidential consultation.

This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.

Schedule a consultation