Asylum is a form of protection granted to individuals who have arrived in the United States (U.S.) and who credibly fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Once an individual has applied for asylum, they must wait approximately 150-days after the USCIS receives their completed asylum application before they can apply for an Employment Authorization Document (EAD), also known as a “work permit.” If the asylum application remains pending after 180-days, counting from the 150-day mark, the applicant becomes eligible to receive a work permit while waiting for a decision on their asylum status. However, it should be noted, these waiting periods only apply if the asylum application is not acted upon (i.e. decided) by the USCIS. If, on the other hand, the application is granted, the individual becomes an asylee and is immediately authorized to work.

Many clients often ask, why is there a 150-day waiting period in the first place? The reason is because the government doesn’t want people coming to the United States for economic reasons instead of those reasons (i.e. race, religion, nationality, political opinion, or membership in a particular social group) that would normally support asylum. In other words, the waiting period is a way of discouraging economic migration. The processing time also allows USCIS sufficient time to properly investigate, assess and process asylum applications.

The process to apply for an EAD involves submitting a Form I-765 or “Application for Employment Authorization,” to USCIS. An EAD is typically granted for the same duration as the applicant’s immigration status and must be renewed periodically to continue working in the United States.

Applying for asylum is not an easy process. However, with the right lawyer, it can be made less stressful than it might otherwise be. It’s estimated that only around 28% of all asylum applications are granted. For this reason, it is very important to get the best immigration lawyer you can afford. The process for applying for asylum requires convincing an immigration judge that you have a credible basis to fear if you are forced to return to your home country. Just telling the judge you’re afraid is not enough. There has to be proof to show the government and the judge that what you’re alleging makes sense and is supported by credible facts. On this point, having a lawyer that understands the law is also not enough. An asylum seeker will also want a lawyer that can put together a compelling “case” in support of asylum by thoroughly investigating your situation and compiling information to show that your fears are legitimate. Sometimes, this might even require hiring an expert to testify on your behalf. It all comes down to what you can document to support your case for asylum.

At BestImmigrationLawyer.com, our legal team is highly-knowledgeable and experienced. We are well-equipped to represent your interests in any area of immigration law. With the latest technology at our disposal, we can represent you anywhere in the United States, including, of course, in Las Vegas, Los Angeles and Phoenix. Don’t hesitate, get in touch with us today. Let us help you navigate the immigration system and provide you outstanding legal representation. We know the law, we care about our clients and we know what it takes to win.

1. The “Zero Tolerance” Policy

The “Zero Tolerance” policy was one of the signature cornerstones of the Trump administration’s approach to immigration issues. This policy led to the separation of thousands of children from their parents at the United States/Mexico border. Under this controversial policy, persons who crossed the border without inspection or authorization were criminally prosecuted. This resulted in thousands of families being separated. However, upon assuming office, the Biden administration issued an executive order terminating President Trump’s Zero Tolerance policy and created a task force to start reunifying families that had been separated as a result of this policy. President Biden has since stated that he intends to focus on the root causes of migration from Central America and reforming the nation’s asylum process.

2. Deferred Action for Childhood Arrivals (DACA)

The DACA program, introduced under President Barack Obama, offered temporary protection from deportation and work permits to undocumented immigrants who arrived in the United States as children. The rationale underlying the program is that children brought into the United States should not be penalized for a choice they had no say in and to deport them to a country they had never returned to would be harsh and inhumane. President Trump attempted to terminate DACA in 2017 which resulted in years of litigation culminating in a Supreme Court decision keeping DACA in place. President Biden, on the other hand, has stated his strong support for the DACA program since he took office in 2021. He has issued an executive order directing the Department of Homeland Security (DHS) to take appropriate measures to preserve and fortify DACA. Additionally, the Biden administration has expressed a commitment to creating a pathway to citizenship for Dreamers through legislative reforms. However, whether that actually happens remains to be seen.

3. The Travel Ban

Upon assuming office, one of President Trump’s first actions in 2017 was to implement a travel ban, which targeted several predominantly Muslim countries. This ban was met with widespread protests and legal challenges, and it went through several revisions before being upheld by the Supreme Court in 2018. President Biden, on the other hand immediately revoked the travel ban on his first day in office. He described it as “stain on our national conscience.” The Biden administration has since worked on improving the visa application process for individuals from the affected countries and addressing the backlog of applications that accumulated during the travel ban.

4. Refugee Admissions

The Trump administration dramatically reduced the number of refugees allowed entry onto American soil, making it the lowest number is several decades. However, since coming into office, the Biden administration has taken a different approach by committing to increase the number of refugees admitted into the United States. Within his first few months in office, President Biden increased the annual refugee cap from 15,000 to 62,500 and declared a goal of admitting up to 125,000 refugees in the following years.

5. The Asylum System

President Trump enacted several policies to limit the number of asylum seekers attempting to enter the United States. One of those polices was the “Remain in Mexico” policy which required asylum seekers to wait in Mexico while their claims were processed. Another policy was the “Safe Third Country” agreements with Central American countries which required asylum seekers to apply for protection in a third country before reaching the United States. Since taking office, President Biden has ended the “Remain in Mexico” policy and suspended the “Safe Third Country” agreements. The Biden administration is now working to rebuild the asylum system by focusing on improving processing times, addressing backlogs, and providing more resources to adjudicate asylum claims efficiently and fairly.

Conclusion

There is no doubt that President Trump and Biden have taken very different approaches to immigration issues. Of course, these shifts in policies match their respective campaign promises and what they perceive to be the passions of their base. President Trump ran on a zero tolerance approach to immigration while President Biden promised a much different approach.

If you’re facing immigration issues, you need the best lawyer by your side. At BestImmigrationLawyer.com we have the experience and knowledge to help persons facing the most significant immigration issues. Get in touch with us today and let us help you if you’re facing an immigration issue and need legal help. Our team of lawyers and support staff have dealt with practically every type of immigration issue. We can help you.