What Can I Do While My Asylum Application Is Pending a USCIS Decision?

When Asylum Applicants Can Apply for a U.S. Work Permit

People with pending asylum applications or cases who have been waiting a long time without receiving a decision are allowed to apply for employment authorization (an EAD or work permit). The length of time is currently 150 days, minus any time delays that you caused. (The first Trump Administration, however, tried to change the time period to 365 days, and the second one might try again.) For details, see When Can Asylum Applicants Get a Work Permit (EAD Card)?

In order to apply, you would need to prepare and submit Form I-765, Application for Employment Authorization. Along with it, you'd need to file the receipt notice showing the date when your Form I-589, Application for Asylum and Withholding of Removal was received by either the Immigration Court or USCIS. If you can't locate that, other evidence of having filed with USCIS, such as a notice scheduling your biometrics appointment, is acceptable.

In addition, you will need to file other documents as described in USCIS's instructions to Form I-765 (which you will find on the same web page as the form itself).

If and when you are granted a work permit, you can apply for a Social Security Number (SSN) through the Social Security Administration. Then you can seek a job. (Your new employer will both want to see the EAD, to show you have work authorization, and be advised of your SSN, for purposes of withholding taxes on your behalf, as is legally required.) And when April comes around, you'll need to file and possibly pay U.S. taxes, or risk trouble with future immigration claims and adjustment of status.

Whether Asylum Applicants Can Get a Driver's License or State ID

Many U.S. states allow people who are either residents there or hold valid immigration status or an EAD to apply for a driver's license or a state ID. Rules vary by state, so review your local Department of Motor Vehicle (DMV) requirements (normally available online). Be ready to present immigration documents such as an EAD, passport, and proof of local residence.

When Asylum Applicants Can Attend School in the United States

Since you are legally authorized to remain in the United States while your asylum case is awaiting a final decision, you should be able to attend higher education classes as well. Note, however, that you might not be eligible for certain internship or work study programs in which foreign students who are in the United States on an F-1 student visa can participate.

Also, it will be up to the college or university to decide whether or not to grant you in-state tuition rates or to allow you to take courses for academic credit (in other words, that would count toward a degree such as a B.A.).

Asylum Applicants Can Perform Volunteer Work and Community Service

You may engage in unpaid, that is, volunteer work for charitable organizations, churches, schools, and other groups in your community. Volunteering does not require any official authorization. It can provide you with valuable connections, experience, and references. Just be sure that the group you volunteer with has no conceivable links to groups that support terrorism, or this could derail your U.S. immigration hopes.

When Asylum Applicants Can Travel Outside the U.S.

Broadly speaking, it's not a good idea for you to travel outside the U.S. while awaiting a decision on your asylum case. One of the reasons is purely practical: If an appointment notice comes your way that's scheduled for mere weeks in the future, you might not have time to get back from your trip.

There's also a legal matter to consider: Before you leave, you must apply for and receive "Advance Parole" by USCIS (a form of travel document). If you fail to do so, your departure may be treated as abandonment of the asylum application and you potentially won't be permitted back into the United States.

A final, huge caution: If you do receive Advance Parole, and you do travel, do NOT return to the country from which you are claiming asylum. That will seriously undermine your claim to fear persecution there. Why should the United States protect someone who isn't really afraid to go back to their country?

See, for more on this topic, Can I Leave the U.S. While My Asylum Case Is Pending?.

Whether Asylum Applicants Can Move Within the United States

You can also move to another location within the United States while your asylum application is pending a decision. Be sure to notify either USCIS or the immigration court of your change of address as soon as possible, however. You wouldn't want to miss an appointment notice because you hadn't received the notice; this could delay or cancel your case altogether. Your move could delay the processing of your application in any case, since the immigration bureaucracy sometimes takes a while to deal with new addresses and transfer files.

See What Should I Do If My Address Changes While My Asylum Application Is Being Processed?.

If your case is in immigration court (that is, you are facing possible removal), you will also need to file a Motion to Change Venue if you are moving outside the jurisdiction of that court. Your best bet is to consult with an immigration attorney to help you do this, since it requires knowledge of court procedures. If that's impossible, however, be sure to follow the instructions in the Immigration Court Practice Manual. You'll also find useful instruction in the article, Can I Switch to a Different Immigration Court Than in the State Where ICE Arrested Me?.

Getting Legal Help

Because of the complexities of U.S. asylum law, and the high stakes if you lose your case, it's highly recommended that you seek experienced, professional legal help. Fortunately, if your income is low, you might be able to obtain such help at a reduced cost. See How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.