Instructions For I-765 - Application For Employment Authorization (Page 8 of 12) in pdf

Assemble the documents in the following order:

Any delay in processing the asylum application that is caused

by you, including unexcused failure to appear for fingerprinting

Your application with the filing fee. See "What Is the

and other biometrics capture, will not be counted as part of

Filing Fee?" for details.

that 150 days. If you fail to appear for your asylum interview

or for a hearing before an immigration judge, you will be

If you are mailing your application to USCIS, you must

ineligible for an EAD. If you have received a recommended

also submit:

approval for a grant of asylum, you do not need to wait the

A copy of Form I-94, Arrival-Departure Record (front

150 days and may apply for an EAD immediately upon receipt

and back), if available. If you are filing Form I-765

of your recommended approval. If you file Form I-765 early,

under the (c)(9) category, Form I-94 is not required.

it will be denied. File Form I-765 with:

A copy of your last EAD (front and back). If no prior

A copy of the USCIS acknowledgement mailer which was

EAD has been issued, you must submit a copy of a

mailed to you;

government-issued identity document, such as a

Other evidence that your Form I-589 was filed with USCIS;

passport showing your picture, name, and date of

birth; a birth certificate with photo ID; a visa issued

Evidence that your Form I-589 was filed with an

by a foreign consulate; or a national ID document

Immigration Judge at the Executive Office for

with photo and/or fingerprint. The identity document

Immigration Review (EOIR); or

photocopy must clearly show the facial features of

Evidence that your asylum application remains under

the applicant and the biographical information. If

administrative or judicial review.

you are filing under the (c)(33) category, additional

documentation beyond what you submit under

Asylum applicant (with a pending asylum application) who

"3. What Documents Do You Need to Provide to

filed for asylum and for withholding of deportation prior

Prove Identity?" of the filing instructions for Form

to January 4, 1995, and is NOT in exclusion or deportation

I-821D, Consideration of Deferred Action for

proceedings.

Childhood Arrivals, is not required.

You may file Form I-765 at any time; however, it will only be

You must submit two identical color photographs of

granted if USCIS finds that your asylum application is not

yourself taken within 30 days of filing your

frivolous. File Form I-765 with:

application. The photos must have a white to

off-white background, be printed on thin paper with a

A complete copy of your previously filed Form I-589;

glossy finish, and be unmounted and unretouched.

A copy of your USCIS receipt notice;

The passport-style photos must be 2" by 2". The

A copy of the USCIS acknowledgement mailer;

photos must be in color with full face, frontal view on

a white to off-white background. Head height should

Evidence that your Form I-589 was filed with EOIR;

measure 1" to 1 3/8" from top to bottom of chin, and

Evidence that your asylum application remains under

eye height is between 1 1/8' to 1 3/8" from bottom of

administrative or judicial review; or

photo. Your head must be bare unless you are

wearing headwear as required by a religious order of

A copy of the USCIS acknowledgement mailer.

which you are a member. Using pencil or felt pen,

lightly print your name and Alien Receipt Number on

Asylum applicant (with a pending asylum application) who

the back of the photo.

filed an initial request for asylum prior to January 4, 1995,

and is IN exclusion or deportation proceedings. If you filed

Special Filing Instructions for Those With Pending

your Request for Asylum and Withholding of Deportation

(Form I-589) prior to January 4, 1995, and you are IN

Asylum Applications ((c)(8))

exclusion or deportation proceedings, file your EAD

Asylum Applicant (with a pending asylum application)

application with:

who filed for asylum on or after January 4, 1995. You

must wait at least 150 days following the filling of your

A date-stamped copy of your previously filed Form I-589;

asylum claim before you are eligible to apply for an EAD.

A copy of Form I-221, Order to Show Cause and Notice

of Hearing, or Form I-122, Notice to Applicant for

Admission Detained for Hearing Before Immigration

Judge;

A copy of EOIR-26, Notice of Appeal, date stamped by

the Office of the Immigration Judge;

A date-stamped copy of a petition for judicial review or

for habeas corpus issued to the asylum applicant; or

Form I-765 Instructions 03/11/16 Y Page 8

Instructions For I-765 - Application For Employment Authorization Page 8

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