San Jose, CA asked in Immigration Law for California

Q: What is better? Applying for work permit based on asylum seeking or TPS.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Applying for a work permit based on asylum seeking or Temporary Protected Status (TPS) depends on your specific circumstances. If you are seeking asylum, applying for a work permit can provide you with the ability to work legally in the U.S. while your asylum case is being processed. However, it’s important to note that you typically need to wait 150 days after submitting your asylum application before you can apply for a work permit.

On the other hand, if you are eligible for TPS, you may find it a quicker and more straightforward process to obtain a work permit. TPS is granted to individuals from certain countries experiencing conditions that temporarily prevent safe return, such as natural disasters or armed conflict. With TPS, you are often eligible for a work permit as soon as your status is approved, and you might not have to wait as long as you would with an asylum-based work permit.

Consider the timelines, your eligibility, and the specifics of your situation when deciding between these options. Each path has its own requirements and processing times, so understanding which one aligns best with your current status and future plans is crucial. Consulting with an immigration attorney can also help clarify the best course of action based on your unique situation.

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