Every year, individuals from various parts of the world come to the United States in search of safety and protection. The United States provides a crucial form of immigration protection known as Asylum to qualifying individuals who cannot safely return to their home countries due to fear of persecution. For many, obtaining approved Asylum status means safety and protection, a route to work authorization, family reunification, and a possible pathway to achieving Permanent Residence Status. North Suburban Legal Aid Clinic (NSLAC) provides free immigration legal aid to immigrants in north suburban Cook County, IL, and Lake County, IL.  

What is Asylum? 

Asylum is a form of legal immigration status granted to individuals who come to the United States seeking protection due to past persecution or fear of future persecution if they were to return to their Country of Nationality or the Country where they last resided.  

 What Are the Requirements to Qualify for Asylum? 

• You left your home country due to persecution or fear of future persecution based on one or more of the following – race, religion, nationality, membership in a particular social group, or political opinion. 
• You are already in the United States or are seeking admission at the border. 
• You file the Asylum application within one year of entering the United States. 

What is The Process for Filing for Asylum? 

There are two types of filings designed for individuals already in the United States who have a valid basis of experienced persecution in the past or fear of future persecution if they were to return to their home country, provided they have been in the United States for less than one year.

• Affirmative Asylum is a type of petition that is proactively filed with the U.S. Citizenship and Immigration Services while residing in the United States and before the government initiates any removal or deportation proceedings against you. 
• Defensive Asylum is a type of Asylum filed when the Department of Homeland Security has initiated Removal Proceedings against you, and you file for Asylum in response to the Removal.  

What Are the Benefits of Applying for Asylum? 

 While your application is being reviewed by the government

• You may qualify for Work Authorization and a Social Security Number. 
• You can remain in the United States and not accrue Unlawful Presence, an important factor for potential future immigration claims that you might submit. 
• You can include your spouse and children present in the USA on your Asylum application. 

Does Applying for U.S. Asylum Grant Me Work Authorization? 

Applying for Asylum does not automatically grant you work authorization. However, applicants can become eligible for work authorization if they meet certain conditions. 

To apply for work authorization, your asylum application must be pending for at least 150 days. After this period, you can submit your application for an Employment Authorization Document (EAD). Once submitted, USCIS has an additional 30 days to process your work authorization application and issue your EAD if you are eligible. 

Therefore, while you are not immediately granted work authorization upon applying for asylum, you can seek it after meeting the 150-day waiting period and then applying for an EAD. 

What Are the Benefits of Having an Approved Asylum Case? 

 Once you have an approved case you can: 

• Petition to bring your spouse and children to the United States 
• Apply for Permanent Resident Status (Green card)

How Can I Review The Status of my Asylum Application? 

If you have a pending application with USCIS, you can check the status of your application using the Case Status Online portal. You will need the receipt number USCIS provided after you submitted your application. 

Can I Travel Within the United States With a Pending or Approved Asylum Case? 

Yes, you can travel within the United States if you have a pending or approved asylum case. In most cases, you’ll only need to show a valid government-issued ID or passport for domestic travel. 

Can I Travel Outside the United States With a Pending or Approved Asylum Case?  

Asylum applicants cannot leave the United States without first obtaining advance parole. If an applicant departs the country without this authorization, their application is typically considered abandoned. To request advance parole, applicants must file Form I-131. Learn more about advanced parole and Form I-131 HERE.  

It is important to keep in mind that traveling outside the United States, even with advance parole, has risks. Notices for asylum interviews are issued approximately 45 days in advance. If you're outside the country during that time, you could miss both the notice and your interview.

Additionally, please note that traveling to your country of origin while your case is pending could lead to denial of your asylum. 

For individuals whose asylum has been granted and who wish to travel outside the United States, a refugee travel document is required for re-entry. To apply for a refugee travel document, individuals must also submit Form I-131.  

It is important for applicants to be aware of the risk of leaving the United States and attempting to return as Advance Parole does not guarantee admission to the United States. 

Can NSLAC Help Me Review My Immigration Situation and Determine If I Might Qualify for Asylum and Immigration Legal Aid? 

Yes, North Suburban Legal Aid Clinic has a team of skilled immigration attorneys and representatives available for free legal aid consultations. They will carefully review your immigration case and determine if you qualify to file for asylum or other possible forms of immigration relief. If you or someone you know needs free immigration assistance, please be in touch with NSLAC at 847-737-4042 or email info@nslegalaid.org to review eligibility for our services and to schedule a consultation. NSLAC also offers free legal aid in the areas of domestic violence and housing. 

For the latest immigration updates, please visit www.uscis.gov/humanitarian/refugees-and-asylum/asylum 

Mission Moments: 

At North Suburban Legal Aid Clinic (NSLAC), we are proud to share the inspirational stories of those who have successfully obtained asylum, showcasing resilience, determination, and the transformative power of NSLAC free legal aid.  

Defying Oppression and Fighting for Freedom 

From Service to Safety, a Journey of Hope 

A Journey from Fear to Freedom