Many people with pending asylum cases in the United States face a common question: what immigration documents should I carry with me in case an officer asks for them? The answer depends on the type of process you are in.
As explained to Enlace Latino NC Marina Castillo, an immigration lawyer, says there are two types of asylum that are governed by different rules.
“Affirmative asylum is asylum where you claim that you are eligible to receive this protection. It is for all people who are not in deportation proceedings. For example, a person who came to the United States on a tourist or student visa,” the lawyer said.
In this case, the process is carried out before USCIS through administrative, not judicial, means. And the applicant has one year from entering the United States to present their case.
Defensive asylum, on the other hand, is processed before the Immigration CourtAnd it is intended for people facing deportation proceedings.
In any case, regardless of the type of asylum, there is an important general principle regarding the documents you must carry: If you are 18 years of age or older, the law requires you to carry proof of your immigration registration.
1) The general rule: carry immigration documents for asylum seekers
USCIS explains that, after registering and completing the corresponding process, the government issues proof of registration and that non-citizens aged 18 or over must carry it with them.
The federal regulation (8 CFR § 264.1) details which documents count as evidence of registration and also clarifies that a current DHS admission or parole stamp in a foreign passport can serve as evidence.
Simply put: if the government issued you an immigration document that proves your asylum, status, or registration, it's the kind of paper you should carry to avoid delays or confusion.
2) Key documents for asylum seekers (depending on your case)
A) If your asylum is “pending” with USCIS (affirmative process)
If you filed Form I-589 with USCIS, the most useful documents to show that your case is pending are usually:
- USCIS Notification/Receipt (Form I-797C, Notice of ActionThis is proof that USCIS received your application or scheduled you for biometrics/interview or other actions. USCIS describes the purpose of this document.
- Copy of your Form I-589 (or at least the first page and proof of mailing/receipt): USCIS confirms that asylum is being requested using Form I-589.
- Your I-94 (if you have one), especially if you entered under admission or parole: CBP explains that the I-94 is the admission or parole record and can be printed on your DHS website.
Practical tip: If your I-797C receipt has a case number, bring it with you; it's one of the clearest ways to show that there is an open case with USCIS.
B) If your asylum is “defensive” and you are in deportation proceedings (court)
If your case is in Immigration Court, there is usually a central document:
- Notice to Appear (NTA, Form I-862): This is the document with which DHS initiates the deportation process and sends you to court. EOIR (Department of Justice) explains that the process begins when DHS presents the NTA to the court after serving it to you.
- Hearing notices (any EOIR letter with date, time and place, if you received it).
- A copy of the I-589 filed with the court (if you already filed it as a defense). An informational document from the Department of Justice indicates that asylum, withholding, or CAT can be requested with the I-589, either with the court (defensive) or with USCIS (affirmative).
C) If you already have a work permit (EAD)
Many asylum seekers obtain a work permit (EAD) while the case is pending. In that scenario, the clearest document is usually:
- Employment Authorization Document (EAD), if you have a valid one (or the combination of an expired document and the applicable notice, as appropriate in other employment contexts). USCIS official materials on employment authorization mention the use of I-797C notices in certain situations related to said authorization.
3) What about the I-94 and why is it important?
The I-94 is one of the most common documents used to prove admission or parole. CBP explains that those who were admitted or paroled can print their I-94 record from the official website and that if someone requests their admission information, that is the form to present.
You may be interested>> “Ready Now”: the app that allows immigrant families to protect themselves in immigration emergencies
4) Practical recommendations
- Bring originals of your asylum immigration documents when they exist and it is safe, but consider keeping copies (on paper or on your cell phone) in case of loss.
- Keep your documents up to date: if your address or contact information has changed, update it where appropriate (USCIS and/or EOIR), because missed notifications can complicate your case. (EOIR has specific forms and processes for address changes; at a minimum, you can mention in your article that EOIR publishes official forms for these procedures.)
- Don't charge fake documentsBesides being risky, it can seriously affect an immigration case.
PODCAST
After the storm
A year ago, Hurricane Helene struck western North Carolina. The Latino community responded with something stronger than the storm: solidarity.
🎧 In this episode, learn how Latino organizations transformed crisis into resilience.
▶️Press play to listen!
Republish our stories for free on your website or newspaper. We follow the Creative Commons license. Click the box and follow the instructions.
