Should You Apply for Asylum Before or After Your I-94 Expires?

Published: September 16, 2024

Various legal pathways provide immigrants with different rights and opportunities in the US. Suppose you currently reside in the US and have suffered persecution in your home country or encounter a well-founded fear of persecution. 

Under 8 U.S.C. § 1158, you might be eligible to apply for asylum, a form of humanitarian relief the US has made available to foreign nationals who qualify as refugees. An asylum application is only accessible if you’re within the US or arriving at the country’s port of entry. 

In 2022, the US approved asylum for 36,615 individuals. Of these, 14,134 received affirmative asylum from US Citizenship and Immigration Services (USCIS) under the Department of Homeland Security (DHS). Meanwhile, 22,841 individuals acquired asylum defensively from the US Department of Justice (DOJ). 

Specific benefits and services are available for asylees or individuals granted asylum. These include but are not limited to authorization to work in the US, the ability to petition family members, and protection from being returned to their home country. 

Dealing with the fear of returning to your country can be challenging if you’re in the US on a valid nonimmigrant visa. One critical question for many qualified individuals is whether to file for asylum before the expiration of the I-94 card. 

This article will explore the possible implications of applying for asylum before or after your I-94 expires. But first, let’s delve into what I-94 is and its significance to the timing of your asylum application. 

Understanding What the I-94 Is

Customs and Border Protection (CBP) issues electronic or paper I-94s to foreign nationals entering the US. 

Most air or sea travelers have an electronic I-94. On the other hand, those who enter at a land border crossing can request receive a small, white paper I-94 card. Whether electronic or paper, the I-94 travel record enables the CBP to monitor individuals entering and exiting the country. 

All non-immigrants must have this arrival/departure record, except if they are US citizens, resident aliens, or holders of immigrant status. Likewise, Canadian citizens visiting or in transit are not required to have it in most circumstances. 

The I-94 verifies your lawful entry to the country. That means you have been approved for a visa and checked by a border agent. Besides showing that you entered the US legally, the I-94 indicates your current immigration status and the authorized duration to remain in the country. 

Legal impact of I-94 expiration dates

Keeping track of when the I-94 expires is crucial. Remember, it’s not the same as the expiration on your visa, which specifies the last date you can seek entry into the US. In contrast, the I-94 expiration date determines the length of time that permits you to stay in the country. 

Staying past the validity period of I-94 can cause you to be out of status. Unless you request an extension or change of status, you’re considered out of status and must leave the country. 

Consequences of being out of immigration status

Being out of status means you have entered the US legally but remained in the country and failed to adhere to the terms of your visa or immigration status. At that point, your visa is revoked, making you ineligible for work authorization or other immigration benefits. 

An overstay of I-94 can result in accrual of unlawful presence, which can trigger reentry bars to the US of up to 3 or 10 years. In worse cases, immigration authorities can place you in removal proceedings and deportation from the US. 

Applying for Asylum After the I-94 Expires

Typically, you’re exempt from accruing unlawful presence while your asylum application is pending. That means you can stay in the US without the risk of unlawful presence and other negative consequences impacting your future immigration benefits. 

As long as you file for asylum within one year of entering the US, the USCIS may accept your application. However, applying for asylum after the I-94 expires can complicate your case. Suppose the asylum officer denies your application. You will retain the status you held before applying. 

If you’re not in lawful status, you will go through a removal process where you can present your asylum claim before an immigration judge. Being out of status during the proceedings can impact your ability to prove eligibility for asylum or other forms of relief. 

Applying for Asylum Before the I-94 Expires

A denial of your asylum application does not automatically result in deportation. If you do not secure a stay of removal after filing a petition, the court may proceed with ordering your deportation. 

Although your immigration status doesn’t affect your eligibility, applying for asylum before the I-94 expires might be in your best interest. Doing so can help you maintain a more favorable legal standing. It can also expedite your ability to acquire work permits in the US. 

In any case, seeking guidance from a lawyer can boost your chances of approval and give you the necessary support throughout the asylum process. Every situation is different, but a lawyer knows the appropriate legal steps and evidence. 

Ensure Timely Filing With ALG Lawyers

Applying for asylum is a significant decision with considerable legal impact on your immigration status. The process involves meeting specific requirements and deadlines to be a recipient of this humanitarian relief. On your own, you may find it more challenging to complete the necessary forms and provide additional documents to support your asylum case. 

Although there are no guarantees, filing your application with an experienced immigration lawyer increases your chances of achieving a favorable outcome. Our team at ALG Lawyers can ensure timely filing and demonstrate the validity of your case. Send us a message today to better understand what your specific situation needs.