The United States is a place of refuge to millions of immigrants who have come here to build a better life for themselves and their families. Many of these people have fled persecution and violence in their home countries, in order to apply for asylum in the United States. As part of the asylum process, individuals may be eligible to apply for a work permit while their case is pending.
In this blog, we will explore the process of applying for a work permit after filing for affirmative asylum.
Affirmative asylum is a process by which an individual who is not in removal proceedings may apply for asylum with the United States Citizenship and Immigration Services (USCIS). To be eligible for asylum, an individual must demonstrate that they have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. Once an individual has filed their application for asylum, they may be eligible to apply for a work permit.
I. Process of Applying for a Work Permit
To apply for a work permit after filing for affirmative asylum, an individual must file Form I-765, Application for Employment Authorization, with USCIS. This form can be filed concurrently with the asylum application or at any time while the asylum application is pending. The filing fee for Form I-765 is $410 as of April 2023.
In addition to the completed Form I-765 and filing fee, the applicant must also provide evidence of their asylum application. This may include a copy of the Form I-589, Application for Asylum and for Withholding of Removal, or a receipt notice indicating that the application has been received by USCIS.
Once USCIS receives the Form I-765 and supporting documents, they will review the application to determine if the applicant is eligible for a work permit. USCIS may request additional evidence or information from the applicant if necessary. If the application is approved, USCIS will issue a work permit, also known as an Employment Authorization Document (EAD), valid for one year from the date of issuance.
It is important to highlight that the issuance of a work permit does not in anyway guarantee that an individual will be granted asylum. Asylum cases can take several years to be adjudicated, and the work permit is only valid while the asylum application is pending. If the asylum application is denied, the work permit will no longer be valid.
II. Benefits of Having a Work Permit
Having a work permit while the asylum application is pending can provide several benefits to the applicant. First, it allows the applicant to legally work in the United States, which can provide them with financial stability and allow them to support themselves and their families. It may also provide a sense of independence and help the applicant to integrate into their new community.
Additionally, having a work permit may make the asylum application process easier. It demonstrates to USCIS that the applicant is self-sufficient and not a burden on the government. It may also provide evidence of the applicant's good faith and intention to stay in the United States.
III. Conclusion
Filing for affirmative asylum can be a complex and lengthy process, but it can provide individuals with protection and a new opportunity to build a better life. Applying for a work permit while the asylum application is pending can provide financial stability and make the process of seeking asylum easier. If you are considering filing for affirmative asylum or applying for a work permit, it is important to consult with an experienced immigration attorney who can guide you through the process and help you understand your rights and options.

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