February 13, 2025

Asylum Application (Form I-589) and Employment Authorization Document (Form I-765) based on a pending Asylum application

Applying for asylum depends on whether the applicant has been placed into immigration court proceedings (filing defensively), is not in immigration court proceedings (filing affirmatively), and their current status. To qualify for asylum, applicants must prove that they are refugees unable to return to their country of origin or last place of residence due to persecution or a well-founded fear of persecution based on religion, nationality, membership in a particular social group, or political opinion.

When submitting this form, applicants are requesting the U.S. government to grant them the right to live legally and permanently in the United States.

Due to the increasing number of asylum seekers in the United States, the approval rates have declined. Currently, the approval rate for applicants from Mexico is only 4%, while individuals from countries experiencing severe social crises, such as Afghanistan or Burma (Myanmar), or Venezuela tend to have higher approval rates.

Factors such as general violence, extortion, or poverty are not primary considerations for granting asylum. Applicants must provide substantial evidence of abuse, fear of persecution, or a valid reason for seeking asylum. Failure to do so can result in denial of the application.
Applicants entering the United States and seeking asylum, who have been served a Notice to Appear (NTA), need to file their asylum case with the court. You may check to see where your case is located at this website: acis.eoir.justice.gov/en/ or acis.eoir.justice.gov/es/. There is no fee for Form I-589, Application for Asylum and for Withholding of Removal, and it must be submitted within one year of arriving in the United States, unless there are changed circumstances that materially affect their eligibility for asylum or extraordinary circumstances directly related to the delay in filing. A main example of Extraordinary Circumstances is Post Traumatic Stress Disorder diagnosed by a psychologist or doctor

Spouses and unmarried children under 21 years of age who are physically present in the United States can be included in the application. Children 21 years and older or married children must file separate applications. Asylum applicants are subject to extensive background checks and required biometrics screenings.

If asylum is granted, applicants can apply to become permanent legal residents of the United States and eventually U.S. citizens. Derivative applicants living abroad or not placed into court proceedings will need form I-730 filed after the grant of asylum to the principal applicant in order to be given asylee status.

Employment Authorization based on Asylum (Category C08)

Asylum seekers can request an initial work permit (Form I-765), 150 days after submitting their asylum application (Form I-589). They can receive the work permit 180 days after filing their applications. There is no fee for applying for an initial work permit or the associated biometrics fee. For any applicants in Immigration Court, the asylum clock will be stopped if the applicant asks for a continuance or delays the case. If this happens, the applicant may never get to 180 days on the asylum clock and the work permit will be denied. We highly recommend applying online as the work permit for the category C08 appears to process faster when filed with USCIS (Immigration) online.

According to the government, asylum seekers should apply to renew their work permits at least 90 days before their current permits expire. There is a fee for renewing work permits. As of April 1, 2024, the cost is $470 for online renewals and $520 for renewals by mail. Asylum seekers do not have to pay the biometrics fee that applies to some other work permit applicants.

For more information about asylum and work permit applications, call Bailey Immigration PC at 503-224-0950. Immigration Attorney Diana Bailey has over 25 years of experience practicing immigration law.