Can You Still Work While Your Asylum Case Is Pending?

Persecution is one of the main reasons why a person is seeking asylum but adding to the distress is figuring out how to support yourself. If you are an asylee in the United States, you may wonder if you can still work despite knowing that you have an asylum case pending.

Read About The Possibilities To Work While Your US Asylum Case Is Still In Process

Work Admit Pending Asylum Case

When you know that you have an asylum case pending, you may have second thoughts about whether or not to push through working to provide for your living. The good news is, you can work in the United States with a pending asylum case. 

You must fill up and submit Form I-765 to be allowed to work while you await your asylum application. However, you need to understand that you cannot apply for authorized employment while you apply for asylum simultaneously. You need to wait after a year of submitting your asylum application before you can push through applying for authorization employment. 

What To Do While Waiting

You can expect to have your asylum case pending because even the United States Citizenship and Immigration Services (USCIS) is transparent about the overwhelming number of applications they handle daily. It only means that waiting is always a part of the process. 

Whatever type of asylum case you are waiting for, whether it is affirmative asylum or defensive asylum, the process of obtaining it requires a huge amount of time. So, you may think, what should you do with all of the waiting? 

You may decide to study or attend classes because your stay is legitimate while you have your asylum case pending. However, you may not be eligible for internship and work-study programs, so it is important to know the qualifications. Higher education institutions can also give you privileges like in-state tuition rates or specific course credits.

No one wants to waste a single time while waiting for the progress of their asylum case. So, it would be a better option to work and earn money in the United States. But as you have a pending asylum case, you will need to have employment authorization.  

Employment Authorization—Are You Eligible?

While you have your asylum case pending, you can focus on qualifying for employment authorization so you can work in the United States. The following are the factors you need to take note of to figure out if you are eligible for it. 

  • You must have filed for Asylum within one year after your arrival in the United States. 
  • You were present and were able to attend your scheduled interview with USCIS, and successfully attended your biometric appointments and security checks. 
  • You have met the timeline guidelines. 

Submitting and completing the process for Employment Authorization is one thing, but waiting for the result of it is another. So you need patience when you wait and encounter delays. But no matter what challenge you face as you have your asylum case pending, you can use the help of an immigration attorney. 

Help From An Immigration Attorney

How To Prepare For An Asylum Court Date With The Help Of US Immigration Attorneys

It is already challenging to face this situation while seeking asylum. You will need the help of an immigration attorney who can truly understand what you are going through. 

Aside from guiding you through the legalities of your asylum case and the status of your employment authorization application, you can also depend on an experienced immigration attorney who can feel for you and is willing to help you through it. Lincoln-Goldfinch Law has a team of top-rated immigration lawyers who can help you understand the intricate legal points of an asylum case. 


It is a relief to know that you can make full use of your time while waiting for your Asylum application. You can spend your waiting time wisely by attending short classes and even working for a living. However, you need to be eligible for employment authorization to qualify for such a privilege. 

The help of an immigration attorney from Lincoln-Goldfinch Law in Austin TX would be significant on this matter. They have credible track records which can give you confidence in dealing with your case. With the help of an immigration attorney, you will know what actions to take next.

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