Community

gabby c
May 3, 2025
Advice on what to do
Have not gotten a single update on our case since we submitted in September of 2023. The day after submitting, we were notified that they were “actively reviewing” our case. since then, nothing. we’ve reached out to the governor and have a lawyer that requested information on our case. Both came back with no information. basically just saying it was “taking longer than expected”. they have yet to even look at our case. We filed standalone I-130 going through consular processing, my husband is from Spain. I feel like this is not normal, but unsure of what else to do at this point. Otherwise, we have to wait until September of this year (2+ years after filing) to even ask USCIS for an update on our case. Any advice and is anyone in the same situation?

IR-1/CR-1

U.S. citizen filing for a spouse

Total Days: 668 days
Case
2023-09-21
2025-07-20
I-130
668 Days
Texas Service Center: I-130
14
Lilo Pelekai
May 3, 2025
Let’s Clear This Up: REAL ID & Asylees in the U.S.
I’ve seen a lot of confusion and misinformation lately, so let’s set the record straight. Here’s what you actually need to know about REAL ID, asylum, work authorization, and your documents as an asylee. ⸻ 1. What’s REAL ID? REAL ID is a federally approved version of your driver’s license or state ID. Starting May 7, 2025, you’ll need one to fly within the U.S. or enter certain federal buildings—unless you use a valid passport instead. Examples of federal buildings where a REAL ID is required: • Federal courthouses • Immigration offices (like USCIS field offices) • Social Security Administration offices • Military bases (if you’re visiting and not using a military ID) • Secure areas in buildings used by law enforcement or homeland security If you’re just going to the DMV, the post office, or a national park, you’re probably fine—but anything requiring security clearance will expect REAL ID or a passport. And here’s the thing—asylees can’t use their home country passport anymore. Once you’re granted asylum, you’re no longer supposed to contact your home country’s government or use its documents. So unless you already have a passport from another country, getting a REAL ID is your only option for domestic flights or accessing secure federal facilities. ⸻ 2. Do you need an EAD to work after getting asylum? Nope. Once you’re granted asylum, you’re legally allowed to work in the U.S. without needing an EAD (Employment Authorization Document). That’s federal law. ⸻ 3. So why get an EAD anyway? Because of REAL ID. Even though you don’t need it for work, a lot of DMVs will want to see an unexpired EAD to issue you a REAL ID-compliant license—especially if you don’t have a green card yet. It’s about DMV systems and what they accept as proof of lawful presence. ⸻ 4. Got asylum through USCIS vs. Immigration Court? Here’s the difference: If you got asylum through USCIS (affirmative asylum): • You’ll get an approval notice. • Your I-94 becomes available online within a few days—check the CBP website. • USCIS will automatically issue your EAD under category (a)(5). No need to apply separately. They’ll mail it to you. If you got asylum through Immigration Court (defensive asylum): • You get a decision from the judge. • USCIS will mail your I-94—this part isn’t instant, so it takes some time. • But here’s the kicker: you have to apply for your EAD yourself by filing Form I-765, category (a)(5). ⸻ 5. What’s the deal with the I-94? The I-94 is your official proof of status. It shows the date asylum was granted and confirms you’re lawfully present in the U.S. For REAL ID, most DMVs will ask for: • Your I-94, • And either your asylum approval notice or your EAD. If your I-94 wasn’t automatically mailed (like with USCIS grants), you can usually download it online. ⸻ Bottom line: Yes, asylees can work without an EAD—but getting one makes your life easier, especially when it comes to ID, travel, and dealing with state systems. And one last thing—an immigration lawyer is always the best source to ask immigration questions. So, whatever info you get on here (including this), always verify it with a licensed immigration lawyer before making big decisions. I hope this helps.
4
Prev
350351352353354
Next
© 2025 Lawfully Inc.
Privacy Policy|Terms of Service|Privacy Policy (Lawfully Pro)|Terms of Service (Lawfully Pro)|Limited Scope Representation Agreement