The Asylum Seeker Advocacy Project (ASAP) recommends that asylum seekers should consider taking the following steps before January 2025:
- Apply for your first work permit if you are eligible, even if you do not plan to work.
- Apply to renew your work permit if your work permit will expire before 2028.
- Consider applying for Temporary Protected Status (TPS) in addition to asylum, if you are eligible.
- Consider applying for another immigration status in addition to asylum, if you are eligible.
- Sign up for free ASAP membership to get urgent immigration updates.
You can read more about ASAP’s recommendations below. It can also help to speak with a lawyer about your specific case.
1. Apply for your first work permit now!
If your asylum application has been pending for 150 days and you have not yet applied for your first work permit, apply now! We recommend applying for your first work permit even if you and your family members (including children) are not planning to work right now. Initial work permits for asylum seekers are processed within 30 days and are valid for 5 years. And it is free to apply for your first work permit as an asylum seeker!
Work permits have many benefits, even if you do not plan to work. A work permit can be very useful as a form of government photo identification. For example, you can use a work permit to travel by airplane within the United States. You can also use a work permit to apply for a driver’s license. And when you apply for a work permit, you can also apply for a Social Security Number.
Generally, asylum seekers can apply for their first work permit 150 days after their asylum application is received by the U.S. government. An asylum seeker’s spouse or children can also apply for work permits, if they are included in the asylum application or if they have their own asylum application.
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2. Renew your work permit now if you are eligible and your work permit will expire before 2028!
If you are an asylum seeker with a work permit that has an expiration date before 2028, renew your work permit now!
In October 2023, U.S. Citizenship and Immigration Services (USCIS) started giving asylum seekers work permits that are valid for 5 years, instead of 2 years. USCIS is still issuing 5-year work permits today. However, after January 20, 2025, we do not know what the new president will decide to do about the length of work permits for asylum seekers.
If you have a 2-year work permit, ASAP recommends applying to renew your work permit now if you can. This is so that you have the best chance of receiving a 5 year work permit, before the new president can make any changes. And even if you do not receive your 5 year work permit before the new president makes changes, it may be helpful to have a work permit application already pending. For example, certain policy changes might only apply to people who apply after the changes are announced.
You can apply to renew now, even if your work permit’s expiration date is more than 6 months in the future.
TPS is a temporary immigration status provided to individuals from specific countries, usually because of problems such as war or natural disasters.
If you already have an asylum application pending, please know:you can apply for TPS and asylum at the same time.If your asylum application is denied but your TPS is granted and remains valid, you cannot be deported and you can apply for a work permit based on TPS.
However, if the U.S. government does not know that you are in the country, applying for TPS will alert immigration authorities that you are here. If you already have a case in immigration court OR if you already have a pending asylum application, then the U.S. government already knows you are in the country, and this risk may not affect you.
If you are from Afghanistan, Burma (Myanmar), Cameroon, Ethiopia, Haiti, Lebanon, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, or Yemen you may be able to apply for TPS now. If you are from Hong Kong, Lebanon, Liberia, Palestine, you may be able to receive a different kind of temporary protection against deportation called Deferred Enforced Departure (DED).
4. Consider applying for another type of immigration status if you are eligible.
If you already have an asylum application pending and you are eligible for another type of immigration status, it may also make sense to apply now. That way, you have other options for immigration status if your asylum application is denied.
Examples of other types of immigration applications are: U-visas for people who have been victims of crime in the United States, the Cuban Adjustment Act for people who are from Cuba, Special Immigrant Juvenile Status (SIJS)for certain children, family-based immigration applications based on having a spouse or other close family member who is a U.S. citizen, and employment-based immigration applications based on having specific skills for a specific job.
A lawyer can help you understand if you qualify for another type of immigration status. If you have never talked to a lawyer about your case, or if it has been a long time since you have talked to a lawyer, it may be a good idea to do so.
For more information and resources: https://help.asylumadvocacy.org/after-election/
