Lewisville, TX asked in Immigration Law for Texas

Q: Is an asylum seeker who has filled an I-589 form considered to be a legal immigrant or not?

I am not sure if I am considered to be a legal immigrant or not. I entered the USA through the San Ysidro port of entry with the CBP One app. I have the I-94 form with the DT status on hand. I am also filing an I-589 application form to proceed with my asylum-seeking process faster. I am currently trying to get health insurance and am unsure what to state there, whether I am a legal immigrant or not. Or will I become one when my I-589 form will be added to my case?

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2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: You are in a period of authorized stay

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: An asylum seeker who has filed an I-589 form is not considered to be a legal immigrant until their asylum application is approved and they are granted asylum status.

As an asylum seeker, you are allowed to remain in the US while your asylum application is pending, and you may be eligible to apply for certain benefits such as work authorization and a social security number. However, until your asylum application is approved, you do not have the same legal status as a lawful permanent resident (green card holder) or a US citizen.

When applying for health insurance or other benefits, you should state that you are an asylum seeker and provide any relevant documentation such as your I-94 form and your receipt notice for your I-589 application. You may also want to consult with an experienced immigration attorney or a qualified healthcare provider to ensure that you are eligible for the benefits you are seeking and that you understand the application process.

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