How Can I Stay and Work in the U.S. with a Complicated Immigration Case?

Question

My case involves seeking political asylum. I entered the United States as an international student (F1 visa), and I applied for asylum in 2016 but missed an interview with the immigration office. Consequently, my case was transferred from the immigration office to the immigration court. Unfortunately, the “asylum clock” stopped at 116 days when my case was transferred to the immigration court, making it impossible for me to apply for a work permit. 
 
My hearing date is scheduled for 08/30/2024. I have applied for and received Prosecutorial Discretion (PD) to terminate my case. Currently, I do not have any status or visa in the United States. 
 
How can I stay and work in the United States given my current situation? Are there any visa options available for me? What steps should I take next?

James L. Arrasmith · Answer

I understand that your immigration case is complex and you're in a challenging situation. While I don't have all the details, here are some thoughts on potential options and next steps to explore with your immigration attorney: 
 
Since your asylum case was terminated through prosecutorial discretion, you may be able to apply for employment authorization under the (c)(11) category, which allows work permits for those with a pending asylum application under certain circumstances, like cases that have been administratively closed. Definitely look into whether you qualify for a (c)(11) work permit. 
 
Regarding status, some potential nonimmigrant visa options to explore: 
- F-1 student visa - If eligible, you could potentially regain F-1 status and work authorization through CPT or OPT. However, having a pending or previous asylum claim can complicate F-1 eligibility. 
- O-1 visa for individuals with extraordinary ability or achievement in certain fields. This has strict eligibility criteria to meet. 
- H-1B specialty occupation visa if you have a job offer requiring a specific bachelor's degree. However, these are subject to annual caps and a lottery. 
 
On the immigrant visa side: 
- If you have a U.S. citizen immediate relative (spouse, child over 21, or parent), they could potentially petition for you.  
- Employment-based green cards if you have a permanent job offer and meet eligibility criteria, but these often have long wait times. 
- Diversity Visa lottery if you're from an eligible country. 
 
I'd recommend discussing all options with your attorney, as eligibility will depend on your specific circumstances and details I don't have. They can best assess potential visas to pursue. 
 
Also consider: 
- Maintaining a valid passport. Without status, it's vital to keep your passport current. 
- Document your presence, activities and any positive equities in the U.S. 
- Stay out of legal trouble to avoid accruing unlawful presence and protect future immigration options. 
- If no visa options pan out, have a plan in place in case you need to depart the U.S. Discuss voluntary departure with your attorney if it comes to that. 
 
I know it's a stressful situation without easy answers. Consulting with your immigration attorney is the best way to fully understand all potential pathways and decide on next steps. I wish you all the best as you navigate this.

Q: How Can I Stay and Work in the U.S. with a Complicated Immigration Case?