Guys im planning to apply for asylum pls guide me about how much time it will take to get work authorisation after filing for asylum. Anybody pls share timelines.
ill also apply for i-130 and AOS simultaneously.
Well, your wife will fall under
the F3 category, and according to Dec 2024 Visa Bulletin, those who filed and already got I-130 approved in
22APR12 (table B) are eligible to file for AOS.
Family-based green cards, unfortunately, are not immediate relatives. So for you to remain in the US for AOS, there are criteria that you have to pass:
1. You must be lawfully inspected (checked);
2. Your I-130 must have already been approved (You can file Form I-130 now, but you will have to wait a long time for it to be adjudicated.)
3. You must have a lawful and active non-immigrant status (you are now, but what will you do after your authorized 6-month stay to have a status active? You cannot keep extending your B2 status forever. However, you can file for COS (change of status) from one non-immigrant to another non-immigrant status.)
Let's say you file for COS from B2 to F1 today. It will take approximately 3-6 months for USCIS to adjudicate. Let's also say that you were granted F1 status, you have to keep studying for 13 or more years to be eligible for "filing" for AOS (adjustment of status) from one non-immigrant to an immigrant status (that's Form I-485). Based on the same Visa Bulletin, USCIS is now adjudicating those who filed Form I-485 on 15APR10 (table A). That is one of the costly options for remaining legally in the US because you will be paying for tuition but not authorized to work at all times.
Of course, you can take the asylum route, and that's the route I took. I filed for asylum in October 2014 and got approved in May 2023. You read it correctly. It took me 10 years to become an asylee. You would be eligible for an EAD card after 180 days of filing, and it would authorize you to work anywhere and as much as a green card holder or a US citizen. (Please note that I am still waiting for my I-130 to be adjudicated under F4, which takes the longest out of 4 family-based preferences.) You would not have to maintain any status because you would be staying legally with asylum pending. You would be eligible to file for AOS one year after you get your asylum status. If worse comes to worst, your asylum application were to be denied, the time that you stayed in the US based on asylum-pending status would come back and bite you. You would become statusless with those years of unlawful stay in your pocket. You would be deported and barred, and obviously, you would not be eligible to file for AOS. Nevertheless, there is a lengthy process that you can fall into -- appeal your asylum application. By the way, with Trump taking office in January 2025, the LIFO (last in first out) queue is likely to come back. If that happens, your asylum application will be adjudicated before you can apply for an EAD.
You have to fasten the seatbelt because you will be taking a long journey regardless of the route you choose.
Good luck.
