News & Insights

1. Process for Adding Your Spouse to Your Asylum Case

Notify USCIS or the Asylum Office:

• Amend your asylum application (Form I-589) to include your spouse.
• Provide supporting documents, such as your marriage certificate and your spouse’s identity documents (e.g., passport).

Receipt of Acknowledgment:

• USCIS or the Asylum Office should send you a confirmation that your spouse has been added to your case.

Eligibility for Work Permit:

• Once added as a derivative applicant, your spouse can apply for a work permit by filing Form I-765 under the C08 category (asylum pending).
• They must wait 150 days from the filing date of your original asylum application (Form I-589) before becoming eligible for a work permit.

2. Why Haven’t You Received Updates About Your Spouse’s Work Permit?

Several factors could explain the delay:

• Incomplete Processing of Derivative Status: Your spouse must first be officially added to your asylum application. If this step hasn’t been processed yet, their EAD application could be delayed.
• Application Timelines: If your spouse’s Form I-765 was submitted before they completed the 150-day waiting period, USCIS may reject or delay the application.
• Case Backlogs: USCIS and asylum offices often experience delays due to high case volumes.
• Errors or Missing Documentation: If required documents were missing or incorrect, it could delay processing.

3. What Should You Do?

Check Case Status:

• Use the USCIS Case Status Tool to track the progress of your spouse’s I-765 application.

Verify Derivative Status:

• Contact the asylum office or USCIS to confirm that your spouse has been added as a derivative on your asylum application.

Submit an Inquiry:

• If it has been longer than the standard processing time for Form I-765, submit an inquiry through the USCIS E-Request Tool.

Consult an Immigration Attorney:

• If the delays persist or you encounter complications, consult with an immigration attorney to resolve the issue.

Stay Updated on Processing Times:

• Check the current processing times for Form I-765 at the USCIS Processing Times Tool.

4. Next Steps After Approval

Once your spouse’s work permit is approved:

• Receive the EAD: It will be mailed to the address provided on Form I-765.
• SSN Application: If your spouse requested a Social Security Number (SSN) during the EAD application process, it will arrive separately.
• Job Applications: Your spouse can now legally work in the U.S.