HOW TO APPLY FOR ASYLUM - The Florence Project
HOW TO APPLY FOR ASYLUM - The Florence Project
HOW TO APPLY FOR ASYLUM - The Florence Project
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with the stamp will prove that you filed it. If not, you may have to get a copy of the first page from the<br />
Immigration Court so you can send that with your application. If you won your case, include a copy of the<br />
judge’s order with your Form I-765. If you have won your asylum case you must follow the judges’ oral advisal<br />
and the written instructions you receive from the DHS trial attorney entitled, Post-Order Instruction for<br />
Individuals Granted Relief or Protection from Removal by Immigration Court, to obtain your evidence of status<br />
and work authorization documentation from the DHS, U.S. Citizenship and Immigration Services. Note: If you<br />
have received a final order of withholding of removal, you must follow the filing instructions for the Form I-<br />
765.<br />
Read the instructions that go with the work permit application form and answer all questions. <strong>The</strong><br />
instructions also tell you what else you need to include with the application.<br />
For Question #14, if you entered illegally, write “entered without inspection.”<br />
For Question #15, if the judge has not decided your case, write “asylum/withholding pending.” If you won<br />
asylum, write “asylee.” If you won withholding or Torture Convention withholding, write “granted<br />
withholding.”<br />
For Question #16, if the judge has not yet decided your case, or if you won but DHS appealed, put “(c)(8)” and<br />
mail the application to a DHS Service Center (the instructions tell you which one to mail it to). If you won<br />
asylum and DHS did not appeal, put “(a)(5)” and follow the instructions of the Immigration Judge and the<br />
written instructions you receive from the DHS trial attorney entitled, Post-Order Instruction for Individuals<br />
Granted Relief or Protection from Removal by Immigration Court. Effective April 1, 2005 if you won<br />
withholding (either general or Torture Convention) and DHS did not appeal, put “(a)(10)” and you must file<br />
your application Form I-765 at the Chicago Lockbox Facility. <strong>The</strong> direct mail address is: U.S. Citizenship and<br />
Immigration Services, P.O. Box 805887, Chicago, IL 60680-4120 or non-U.S. postal service carriers (private<br />
couriers) U.S. Citizenship and Immigration Services, Attn: FBASI, 427 S. LaSalle – 3 rd Floor, Chicago, IL<br />
60605-1098. If you were granted Torture Convention deferral of removal and you were released from DHS<br />
custody, put “(c)(18)” and follow the instructions in the work authorization booklet.<br />
Make a copy of the Form I 765 and everything you send with it for your personal files, and if you are filing it<br />
by mail, send it by certified mail. <strong>The</strong> permit does not cost anything the first time. It lasts one year. When you<br />
renew it, you have to pay a fee.<br />
It should take 30 days to get a decision regarding whether work authorization will be granted. If you have not<br />
gotten a decision within 30 days, you should go to a local DHS office to try and get a temporary work permit.<br />
• Can I travel outside of the United States after getting out of detention<br />
If you leave the country before your case is over, you will automatically lose your case. You should not<br />
leave until you have received a final decision. Even if the judge gives you asylum, withholding or<br />
deferral of removal, if DHS appeals, the decision is not final.<br />
If you won asylum and the decision is final, you have to wait a year before you can apply for permanent<br />
residence (your "green card") by filing a Form I-485, Application to Register Permanent Residence or to<br />
Adjust Status. You can travel during this time, if you ask for and receive permission from DHS by filing a<br />
Form I-131, Application for a Travel Document or by requesting Advance Parole, but you should not return<br />
Page 41 of 49<br />
FIRRP- last update June 2007