In general, to be eligible for asylum, you must file Form I-589
within one year of your arrival in the United States.
However, there are important nuances. Filing Form I-589 does not only start the asylum process,
but also initiates the process of obtaining employment authorization and an SSN.
Specifically, it starts the 150-day count (commonly referred to as the
EAD clock), after which you may file Form I-765
to request employment authorization and an SSN.
For this reason, in most cases, the earlier you file Form I-589,
the sooner you become eligible for a work permit.
That said, in some situations it may make sense to wait briefly,
for example, in order to first appear in the immigration court system.
A specific consideration for those who entered the U.S. with a visa.
If you file Form I-589 very soon after arrival, there is a possibility
that your asylum interview will be scheduled before your lawful status expires.
In that situation, a denial at the interview stage may require you to
leave the United States.
Because of this risk, many applicants choose to wait several months
so that the interview is more likely to occur after the visa has expired.
If the interview is then denied, the case is typically referred to immigration court,
which provides a second opportunity to present the asylum claim.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
