Advantages and Disadvantages
Advantages
- Protection from deportation and eligibility for certain benefits once asylum is granted.
- Right to work after approval: asylees may work due to their status; the EAD card is optional as proof.
- Work authorization while the application is pending: you may request an EAD after 150 days; USCIS cannot issue it before 180 days (the “asylum EAD clock”).
- Path to permanent residency: you may apply for the green card after 1 year of physical presence as an asylee.
- Family reunification: you may petition for your spouse and unmarried children under 21 after asylum is granted.
- Travel document: you may apply for a Refugee Travel Document (RTD) to travel internationally.
- Automatic work permit extensions: some categories, including asylees and asylum applicants, may receive up to 540 days of automatic extension when renewing the EAD (if eligible).
Disadvantages / Risks
- One-year filing deadline: generally you must apply within one year of your last arrival, unless limited “changed” or “extraordinary” circumstances apply.
- Long and unpredictable processing times: significant backlogs exist at USCIS and immigration courts.
- EAD clock rules: delays caused by the applicant can stop the 150/180-day clock.
- Travel risks: returning to the country from which you fear persecution may be considered “re-availment,” which can lead to termination of asylum.
- Legal bars: serious crimes, persecuting others, firm resettlement, or security concerns may make you ineligible.
Who Qualifies & Filing Paths
To qualify, you must show past persecution or a well-founded fear of future persecution based on one of the five protected grounds. There are two main pathways:
- Affirmative asylum (USCIS): file Form I-589 if you are not in removal proceedings. Interviews are generally scheduled under the “last in, first out (LIFO)” policy.
- Defensive asylum (immigration court / EOIR): requested as a defense during removal proceedings. An immigration judge hears your case.
Work Authorization (150/180-Day Clock)
If your asylum case is pending, you may request an EAD (category (c)(8)) after 150 days from properly filing Form I-589; USCIS cannot issue it before 180 days. If asylum is granted, you are automatically authorized to work and may request an EAD card as proof.
Renewals: many categories now receive a 540-day automatic extension while a renewal is pending.
Path to the Green Card
After one year of physical presence in the U.S. as an asylee and if you continue to meet the requirements, you may apply for permanent residency. Derivative asylees (spouse/children) may also apply if eligible.
Family Reunification
Principal asylees may file Form I-730 within 2 years of asylum approval to bring their spouse and unmarried children under 21 (limited exceptions available).
Travel Outside the U.S.
Asylees must obtain a Refugee Travel Document (Form I-131) before traveling abroad. Traveling to the country of feared persecution or accepting its protection may be considered “re-availment,” which may result in termination of asylum. Seek legal advice before traveling.
Timelines & Backlogs (What to Expect)
- Affirmative backlogs: USCIS publishes data regularly; cases commonly exceed 180 days.
- Court backlogs: TRAC data shows millions of pending cases; waits may last years and vary by court.
Tip: Keep your address updated (AR-11), check your case online, and respond quickly to notices to avoid clock stoppages or missed hearings.
How to Apply (Step-by-Step)
- Confirm eligibility and deadline: file within one year of your last arrival unless valid exceptions apply.
- Prepare Form I-589 with a detailed statement and supporting evidence (identity, country conditions, declarations, medical or police reports).
- File and attend biometrics: submit the I-589 and attend your fingerprint appointment.
- Interview or hearing: affirmative cases go to a USCIS interview; defensive cases go before a judge.
- Work permit (optional while pending): consider filing Form I-765 after 150 days.
- After approval: request EAD if desired, file I-730 for family, and later file I-485 for the green card after one year of presence.
Common Mistakes & Practical Tips
- Missing the one-year deadline: if you believe an exception applies, document it and file as soon as possible.
- Clock stoppages: rescheduling interviews or missing biometrics appointments can pause the EAD clock.
- Travel mistakes: do not travel without an RTD or to the country of persecution without legal guidance.
- Scams: use licensed immigration attorneys or DOJ-accredited representatives; avoid “notarios.”
- Lack of evidence: ensure consistency between your statement and country conditions sources.
Frequently Asked Questions
When can I work while my case is pending?
You may apply for an EAD after 150 days; USCIS cannot issue it before 180 days. Delays caused by you may stop the clock.
Do I need an EAD after asylum is granted?
Asylees are automatically authorized to work. Many request an EAD as convenient proof, but it is not required.
When can I apply for the green card?
After 1 year of physical presence in the U.S. following asylum approval.
Can I bring my family?
Yes. Within 2 years of receiving asylum, you may file Form I-730 for your spouse and unmarried children under 21.
Is there an “annual asylum fee”?
No. While certain forms or employers have specific fees, there is no annual asylum fee for applicants. Always verify on USCIS.gov.
Official Sources
Legal Notice
This article is for general information only and does not constitute legal advice. Immigration laws change frequently and results vary depending on each case’s facts. Consult a qualified immigration attorney or a DOJ-accredited representative for advice regarding your situation.