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If my asylum case is pending, can I remain legally in the US?

Baltimore, MD |

I am activist in my country threatened often

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Attorney answers 6


Yes you are allowed to remain in the US while your application is pending. You should consider consulting an experienced immigration attorney to review your case before you are called for an interview. The attorney may be able to identify additional evidence that can be submitted and can represent you at the interview. I would be happy to help.

Rick Moore
Moore Law Group, PA
2300 York Road, Suite 213
Timonium, Md 21093


Yes, you may remain until a decision is made on your case, though you are not in any actual immigration status. I agree with my colleague, that it would be a very good idea to discuss your case with an immigration attorney. Asylum cases are procedurally and substantively complex, and a good attorney can make all the difference.


You can remain in the USA until a decision on your asylum petition is made.


Yes, you can remain in the U.S. and you shouldn't leave (especially not to your home country) until there is a decision on your application. If it has been 150 days since your application was received, you may apply for a work permit. You may be well-advised to consult with an experienced immigration attorney before your interview. Good luck! - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.


As long as your application is not frivolous, from the time you filed it and during the time it's pending, you are authorized to stay in the US, and you do not accumulate unlawful presence.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova


Filing for asylum does not give you any status. However departing the U.S. would abandon your application.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.