If you’re trying to understand your current immigration status while your asylum case is pending or you are waiting on a decision for your asylum application or adjustment of status (Form I-485), one of the most confusing aspects is knowing whether you have lawful status, authorized stay, or no status at all. Many applicants in this situation ask: What is my immigration status while asylum is pending? and Do I have lawful status or just authorized stay? The distinction between lawful status and authorized stay is important, especially when it comes to eligibility for work, travel, or applying for other immigration benefits.
This guide explains everything you need to know about your current immigration status while asylum or I-485 is pending. We’ll cover whether you’re eligible for a work permit (EAD), the rules around traveling on Advance Parole, and what it means to live under a period of authorized stay. Whether you’re applying for asylum or navigating your pending I-485, understanding your legal standing can help you make informed and safe decisions.
Understanding Your Current Immigration Status While Asylum Is Pending
When your asylum case (Form I-589) is pending with USCIS or the immigration court, your current immigration status is considered a period of authorized stay—but it is not the same as lawful status. This distinction is critical for understanding your legal position in the U.S. and the options available to you during the pending period.
Having lawful status means you’re in the U.S. on a valid, active visa such as an F-1 (student), B-2 (visitor), or H-1B (work). In contrast, authorized stay means the government permits you to remain legally in the country while your asylum case is being reviewed, even if your original visa has expired. This leads many to ask, “Does asylum pending give lawful status?” The answer is no—it does not grant lawful status, but it does provide authorized stay, meaning you are not considered unlawfully present during this time.
What Is My Immigration Status While Asylum Case Is Pending?
When your asylum application is pending, you’re not in any official non-immigrant visa category. Instead, you’re considered to be in a period of authorized stay, which means USCIS acknowledges your presence in the U.S. is legal during the review process, and you are not accumulating unlawful presence. However, this type of status comes with certain limitations. For example, you cannot travel outside the U.S. unless you apply for and are granted Advance Parole, and you may not qualify for specific benefits that require lawful non-immigrant status, such as certain types of visas or federal programs.
Can I Work While Asylum Case Is Pending?
Yes, you can work while your asylum case is pending, but not right away. According to USCIS, you become eligible to apply for a work permit (Form I-765) 150 days after filing your asylum application (Form I-589). If there are no delays caused by your actions, such as missed appointments or document issues, you may receive your EAD (Employment Authorization Document) after 180 days. This timeline is important to track, especially if you’re relying on the ability to work while waiting for a decision on your asylum case.
A common concern and question that people have is: “How long to get EAD with asylum pending?” The answer is that you can apply after 150 days, and your EAD card may be issued at 180 days, depending on USCIS processing times. Once approved, your EAD allows you to work legally in the U.S., giving you a level of financial independence and stability while your asylum application is under review.
Can I Travel While Asylum Is Pending?
Traveling while your asylum case is pending can be risky if you don’t have the right authorization. If you need to leave the U.S. during this time, you must first apply for and receive Advance Parole (Form I-131) from USCIS. Without it, leaving the country could lead USCIS to consider your asylum application abandoned, which may result in your case being denied.
Pending I-485: What Happens to Your Immigration Status?
If you’re applying for a green card through a family-based or employment-based petition (Form I-485), your current immigration status also shifts to a period of authorized stay while your application is pending. However, unlike those with asylum pending, many I-485 applicants are able to maintain their existing non-immigrant status, such as H-1B or F-1, throughout the process. Additionally, you can apply for both a work permit (EAD) and Advance Parole at the same time—often issued together as a combo card—which allows you to work and travel while waiting for a decision. Because of the concept of dual intent, the transition from non-immigrant to permanent resident tends to be smoother and more flexible for those in the I-485 adjustment process.
Authorized Stay vs. Lawful Status: Key Differences
Here’s a simple breakdown to clarify the confusion:
| Feature | Lawful Status | Authorized Stay (Asylum/I-485 Pending) |
|---|---|---|
| Visa valid | Yes | No |
| Accrue unlawful presence? | No | No (if case pending) |
| Work eligibility | Not automatically | With approved EAD |
| Travel freely? | Yes (with visa) | Must apply for Advance Parole |
The difference between authorized stay and lawful status while asylum is pending is;
authorized stay means you’re not accruing unlawful presence, but it does not grant visa rights or full lawful status.
Can I Adjust Status While Asylum Is Pending?
Yes, you can adjust your status while your asylum case is pending—but with caution. If you become eligible through marriage to a U.S. citizen, you may file Form I-485 for a green card, even if your asylum decision is still pending. However, your eligibility often depends on how you entered the U.S. and whether you were lawfully admitted.
You may also qualify to adjust status through employment-based petitions or special visa programs like the U visa, T visa, or Diversity Visa. Each option has unique requirements and timing considerations, so it’s important to proceed carefully.
Not everyone qualifies, especially if you entered the U.S. without inspection. In such cases, waivers may be needed. To avoid mistakes that could harm your asylum case, it’s wise to consult with an immigration attorney before making any changes.
Practical Tips for Managing Your Pending Status
Here are key best practices while your asylum or I-485 case is pending:
- Keep all USCIS receipts (I-589, I-485, I-765, I-131).
- Track your EAD clock and file renewals early.
- Register with Immigration Question in order to get your questions in the process answered by Immigration attorneys for free!
- Avoid international travel unless Advance Parole is approved.
- Maintain any valid visa status (if applicable).
- Consult an immigration attorney before making major changes (e.g., marriage, job switch, travel).
- If your case is severely delayed, explore a writ of mandamus.
Frequently Asked Questions (FAQ)
1. What is your current immigration status or category while asylum is pending?
You’re in a period of authorized stay, not a lawful status.
2. Can I work with a pending asylum application?
Yes, after applying for and receiving your EAD at day 180.
3. Can I travel abroad while my I-485 or asylum case is pending?
Only if you apply for and receive Advance Parole from USCIS.
4. Do I lose my non-immigrant visa status when I apply for I-485?
It depends. Some people maintain dual status but applying for I-485 can impact certain non-immigrant statuses.
Conclusion: Know Your Rights, Act Wisely
Navigating your current immigration status while your asylum or I-485 case is pending can feel overwhelming. But understanding whether you’re in authorized stay, lawful status, or eligible for work/travel helps you make smart decisions, avoid immigration pitfalls, and stay legally compliant.
If you’re unsure about your specific case, you don’t have to worry; you can get any question you have answered by an Immigration attorney in the Immigration Question network for free!
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