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Asylees and Authorization to Work
Asylees
Definition
An asylee is a person who has been granted asylum under Section 208 or 208(a) of the INA. Persons already present in the U.S. who meet the requirements for refugee status because they fear persecution in their home country can apply for asylum. Persecution could be based on political opinion, race, religion, nationality or membership in a particular social group, including sexual orientation, or opposition to population-control methods such as forced abortion and involuntary sterilization.
Rule
An “applicant” for asylum is not eligible for public assistance benefits. Asylum must have been “granted” for an individual to qualify for public assistance. “Applying” or “Recommended” for asylum is not the same as granting of asylum. The applicant will have a written decision from USCIS or a letter from an immigration judge that states asylum has been granted. Asylees are not sponsored noncitizens.
For refugee programs, persons who have been “granted” asylum are eligible for RCA/RMA for eight (8) months from their DOE. For asylees, the DOE (for RCA/RMA programs only) is the date asylum is granted.
Acceptable Documents
The following documents are acceptable verification of asylee statusacceptable verification of asylee status:
Document | Code |
I-94 | Granted asylum under section 208, 208(a) Indicating VISA 93 (or V-93) With admission codes AS-1, AS-2 or AS-3 |
I-551 I-151 |
AS6, AS7, AS8 |
I-688B | 274a.12(a)(5), or 274a.12(c)(8), plus letter granting asylum |
I-766 | Annotated A5 |
Letter | Grant letter from the Asylum Office of |
Order | Order of an immigration judge granting asylum under Section 208 of the INA |
Authorization to Work
Authorization to work (I-688A and I-688B) does not mean the individual is eligible for benefits; they must have other acceptable USCIS supporting documentation to determine eligibility.
Related Topics
Noncitizen Categories & USCIS Codes Introduction
Program Eligibility and USCIS Codes