Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
If you are among the foreign nationals who submitted your application for asylum in the United States long ago and still haven't received a decision from U.S. Citizenship and Immigration Services (USCIS) or the Immigration Courts (EOIR), you're not alone. Both USCIS and the EOIR are extremely backlogged. Their current policy is to handle the most recently filed cases first, with the result that it truly can years for them to process or issue decisions in both affirmative asylum applications (the kind you file on your own) and defensive asylum cases (the kind you raise during removal or deportation proceedings in immigration court). (For more on USCIS handling of asylum applications, see Timing of the Affirmative Asylum Application Process.) The question becomes, what can you legally do while awaiting your asylum decision? Applicants commonly wonder whether, for example, taking a college course, getting a job, or moving somewhere else within the United States would be okay. Here's the lowdown on planning your activities during this long wait.
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 (though the Trump Administration tried to change it to 365 days).
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'll need to file other documents as described in USCIS's instructions to Form I-765 (which you'll find on the same web page as the form itself).
Since you are legally authorized to remain in the United States while your asylum case is pending, you should be able to attend higher education classes as well, though 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 whether or not to grant you in-state tuition rates or to allow you to take courses for credit.
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. And be aware that your move could delay the processing of your application or case, since the immigration bureaucracy sometimes takes awhile to deal with new addresses.
If your case is in immigration court, you will also need to file a Motion to Change Venue if you are moving outside the jurisdiction of that court. Consult with an immigration attorney to help you do this.
Because of the complexities of U.S. asylum law, and the high stakes if you lose, 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.