News & Insights

1. Will My Spouse Receive Additional Documents After Completing Biometrics?

When you add your spouse to your pending asylum case, USCIS processes their inclusion as a derivative applicant under your Form I-589 (Application for Asylum and for Withholding of Removal). After completing their biometrics appointment:

Notice of Receipt or Confirmation:

• Your spouse may receive additional correspondence from USCIS, such as confirmation of their status as a derivative applicant. This could include an acknowledgment that they are now part of your asylum case.

No New Asylum Receipt Number:

• Your spouse will not receive a separate Form I-589 receipt notice or case number because they are derivative applicants on your asylum case.

Request for Evidence (If Applicable):

• If USCIS requires additional information or documentation, they may issue a Request for Evidence (RFE). Be sure to respond promptly if this occurs.

2. When Can My Spouse Apply for an EAD?

Employment Authorization Documents (EADs) for derivative asylum applicants are governed by specific timelines.

150-Day Rule for EAD Eligibility:

• Your spouse becomes eligible to apply for an EAD after 150 days have passed on the asylum clock for your pending case, provided no applicant-caused delays have stopped the clock. The asylum clock applies to the principal applicant (you), and derivative applicants are eligible for EADs based on the same timeline.

Filing Form I-765:

• Your spouse can submit Form I-765 (Application for Employment Authorization) under the category “c(8)” once the 150-day period has elapsed, even if their biometrics were completed recently.

Processing Times:

• After applying for the EAD, your spouse can expect to receive it within 2 to 4 months, depending on USCIS workloads and processing times. Track current processing times for Form I-765 on the USCIS Processing Times page.

3. Key Steps for Your Spouse to Apply for an EAD

Check the Asylum Clock Status:

• The eligibility timeline for your spouse’s EAD depends on the 150-day clock for your pending asylum case. Contact USCIS or EOIR to confirm the asylum clock status.

Prepare Form I-765:

• Your spouse must complete Form I-765, choosing category “c(8)” for asylum applicants. Include supporting documents, such as:
• A copy of your Form I-589 receipt notice (to prove the pending asylum case).
• A copy of their biometrics appointment notice or confirmation.
• Evidence of marriage (if USCIS requests it during processing).

Submit the Form:

• Mail the completed Form I-765 with the filing fee (or a fee waiver request, Form I-912, if applicable) to the correct USCIS address listed for c(8) applicants.