Frequently Asked Questions: Post-Win Information for Asylees and

Frequently Asked Questions:

Post-Win Information for Asylees and Pro Bono Attorneys.

The information in this FAQ are subject to change. Attorneys should consult www.uscis.gov for the

current filing instructions, location, and fee prior to preparing any immigration applications.

1. My asylum client won his case and is now an asylee. As pro bono counsel,

can I help my client with anything else?

Yes! Please notify NIJC as soon as your client is granted asylum. Asylees are eligible for

certain benefits such as petitioning for family members or legal permanent residency. These

benefits depend on a timely filing. NIJC has other pro bono programs that assist the clients

in obtaining these benefits.

Please forward the following items to the NIJC Project Coordinator:

• Your client’s current address and phone number

• The names of all attorneys who should be credited for the asylum approval in NIJC’s

pro bono newsletter

• A PDF copy of your client’s asylum decision and final I-589 application, affidavit, and

pre-hearing brief or legal memorandum.

Once NIJC closes your client’s case, your responsibilities as pro bono counsel are also

finished. NIJC does ask that pro bono attorneys assist their clients in the following matters if

necessary (more information on each to follow) prior to closing the case:

• Obtaining an unrestricted social security card for the client.

• Obtaining a new I-94 card through USCIS for the client.

• Obtaining any original documents that were submitted during the court hearing and

have not yet been returned to the client.

2. Do asylees need to apply for work authorization?

Asylees do not need work authorization. Asylees are automatically authorized to work once

asylum is granted and an unrestricted social security card is sufficient evidence of their

authorization to work. Some asylees still want an employment authorization document

(EAD) as a form of identification, but the EAD should not be used to prove employment

authorization.

• An asylee who obtained asylum from the asylum office will automatically be issued

an EAD shortly after receiving the asylum approval letter.

• An asylee who obtained asylum from the immigration court must apply for an EAD if

she wants one. Please see NIJC’s asylum manual and the EAD FAQ for more

information about the EAD application process.

2 July 2019

www.immigrantjustice.org

If an asylee encounters difficulties with her employer, the pro bono attorney may provide a

letter for the employer explaining that an asylee is authorized to work and that the employer

may not request a “green card” or EAD as evidence of employment authorization. Attorneys

may contact NIJC for a sample of such letter. Additional information may be found at

https://www.justice.gov/crt/file/865651/download.

3. How can an asylee obtain an unrestricted social security card?

Asylees can obtain an unrestricted social security card by going to the nearest Social

Security Administration (SSA) office with her original asylum decision from the immigration

judge

, the asylum office decision, or an I-94 card stamped “asylee” and applying for the

card. The SSA should assist the asylee with this process.

At times, asylees have encountered problems at the Social Security office with employees

who are not aware that asylees are eligible for unrestricted social security cards. To avoid

this, we recommend that asylees print the information on this Social Security Administration

webpage (https://www.ssa.gov/people/immigrants) under the “refugees and asylees” tab,

and bring it to the Social Security Office. As asylees may need to speak with a supervisor or

advocate for the right to apply for an unrestricted social security card, asylees who do not

speak English should bring someone who can speak on their behalf. It is generally very

helpful if the pro bono attorney can accompany the asylee to the Social Security Office to

ensure the client is allowed to apply for the card.

Although the Social Security Administration (SSA) should accept the immigration judge

decision as proof of an asylee’s status, in practice the SSA often will only accept the I-94

card as proof of status. NIJC therefore recommends that asylees obtain an I-94 card before

attempting to apply for a new, unrestricted social security card.

4. Why is a new I-94 card important? How does an asylee get a new I-94?

Individuals granted asylum by the asylum office will receive a new asylee I-94 card with the

asylum decision. Individuals granted asylum by the immigration court will need to request

an I-94 card from USCIS. To help your client obtain ab asylee I-94 card, call the USCIS

customer service line at 1-800-375-5283. The USCIS representative may request the

following information: (1) client name (2) date of birth (3) A number, and (4) zip code. They

may also ask for your name, firm name, and contact information. Let them know you need

an infopass appointment for your client to obtain an I-94 card because she was granted

asylum in court. USCIS should call back in 24-48 hours to schedule an appointment.

When the officer calls back, the officer should provide a confirmation and pin number. If the

officer does not – be sure to ask for one. You will then need to go to www.uscis.gov and

enter your client’s information to obtain the printable appointment notice. Be aware that this

is a new system and NIJC and pro bono attorneys have encountered numerous issues with

the system, including USCIS officers erroneously telling attorneys they need to request an I-

94 card from the asylum office or customs and border patrol. Attorneys may need to call

USCIS several times in order to get an appointment and should not hesitate to contact NIJC

if they are experiencing problems with scheduling the appointment.

Once the appointment is obtained, your client should attend the appointment with the

original decision of the immigration judge, another id, and two passport-style photographs.

3 July 2019

www.immigrantjustice.org

If you, as pro bono counsel, assist with this process, the asylee will still need to attend the

USCIS appointment with you as USCIS may need to fingerprint him or her.

5. DHS did not return my client’s original documents after our court hearing.

How can my client get the documents back?

Once the immigration judge issues a final grant of asylum (and DHS does not appeal), the

client can get her original documents back from DHS after DHS processes the file. To get

the documents back, attorneys should wait about one-two weeks after the final decision and

then take a G-28, signed by the client, to the ICE office on the 4th floor of 101 W. Congress

Pkwy and request the documents. ICE will then order the client’s file and the documents

should be available within a few weeks. Attorneys should be prepared for a long wait at the

ICE office. Clients can go to the ICE office by themselves, but may have a difficult time

advocating for the documents on their own.

6. How does an asylee petition for her spouse and children to come to the United

States?

An asylee has two years from the date of the grant of asylum to file an asylee relative

petition. Asylees can make a consultation appointment with NIJC to discuss filing these

petitions. The client will receive information about NIJC’s consultation schedule with the

closing letter. NIJC strongly recommends that pro bono attorneys not file asylee relative

petitions for their former asylum clients, but instead refer them to NIJC. This allows NIJC to

screen clients for these benefits since there are frequently legal complications that make

these applications challenging.

NIJC also does not have a pro bono project to provide support to pro bono attorneys with

asylee relative petitions as it does with asylum applications and NIJC’s retainer with asylum

clients is limited to representation on the asylum application. As a result, NIJC is unable to

provide support to pro bono attorneys who file asylee relative petitions on their own.

7. When can an asylee adjust her status to become a lawful permanent resident

(petition for a “green card”)?

One year after the grant of asylum, an asylee can apply to adjust status to become a lawful

permanent resident (LPR). If the asylee is in the Chicagoland area, she can make a

appointment with NIJC to discuss the individual’s eligibility and filing options. Five years after

receiving LPR status, she can apply to naturalize and become a U.S. citizen. As with asylee

relative petitions, NIJC strongly recommends that pro bono attorneys not file adjustment

applications for their former asylum clients, but instead refer them to NIJC for assistance.

8. Is my client eligible for any social service benefits now that she has asylum?

Yes, in order to be eligible for certain asylee benefits, your client must speak to an asylee

benefits agency within 30 days of the asylum grant, so it is imperative that you let NIJC

know as soon as your client is granted asylum. Please also be sure to email NIJC with

updated contact information for your client so that we can identify the correct agency to

assist your client. NIJC will then provide your client with contact information for an asylee

benefits agency near her residence.

Please contact Anna Sears at 312.660.1307

or [email protected] with any questions.