A New Type of EAD Denial

by Jason Dzubow on March 3, 2017

This article is by Ruth Dickey, a brilliant and dashing associate at Dzubow & Picher, PLLC.

During the latter part of the Obama Administration, it became common for DHS/ICE attorneys (the prosecutors) in Immigration Court to offer “prosecutorial discretion” or PD. If the applicant accepted PD and the Immigration Judge agreed, the case would be administratively closed. Basically, it would be taken off the court’s calendar and placed into a permanently pending status. Applicants with weak cases might take PD rather than risk losing their cases with the Judge and getting ordered deported.

Perhaps USCIS has a case of the Gremlins. First, they sabotaged B-17’s and P-52’s; now, they’re messing with I-765’s.

Under President Obama, PD was typically offered to people who were not enforcement priorities for ICE – that is, the person had positive factors, like long-term ties to the United States and did not have any disqualifying criminal issues. During the Obama Administration, ICE published a list of factors that prosecutors would consider when a person asked for PD. According to recent data, since 2013, almost 67,000 court cases have been administratively closed based on PD. This represents about 10% of all case closings in Immigration Court.

If your asylum case was administratively closed by an Immigration Judge, and if you had your employment authorization document (“EAD”) based on a pending asylum case, you remain eligible to renew the EAD for as long as the case is in administrative closure (theoretically, forever). This is because the case is technically still pending, and thus still “alive” for purposes of renewing the EAD.

Since Donald Trump came into office, DHS has largely done away with PD, and so we can expect to see far fewer cases administratively closed in the future. However, our office has several asylum clients whose cases were already administratively closed. They have ongoing needs, such as the need for an EAD.

One of my clients in this situation is an Unaccompanied Alien Child or UAC. UACs are people who crossed the border as minors without a parent or guardian. Such people are given additional procedural protections. For example, UACs have the right to present their asylum claims to an Asylum Office, which is a less intimidating environment than an Immigration Court. In my case, an Immigration Judge administratively closed my client’s case so she could file her case with the Asylum Office. Before the case was closed, I “lodged” her asylum application with the Court to start her “asylum clock,” which then allows her to file for an EAD (after a 150-day waiting period).

When the time came, our office prepared the EAD application (form I-765) and mailed it. Last week, we received a response denying the EAD. In its denial, USCIS referred to the applicable regulation, 8 CFR 208.7(a)(1), claiming that it said:

An applicant whose asylum application has been denied or closed by an asylum officer or by an immigration judge within the 150-day [clock] period shall not be eligible to apply for employment authorization.

But this is not what the regulation says. USCIS inserted the phrase “or closed” into the language of the actual regulation. The full sentence in the regulation actually reads:

An applicant whose asylum application has been denied by an asylum officer or by an immigration judge within the 150-day period shall not be eligible to apply for employment authorization.

Someone at USCIS added the words “or closed” to their quotation of the regulation, and then denied our client’s case because it had been administratively closed. The actual language of the regulation states that only denied–not closed–cases are ineligible for an EAD. The idea that USCIS would add language to the regulation in order to improperly deny someone–a UAC no less–their work permit is shocking and distressing.

I have already escalated the issue to the USCIS Ombudsman, an office that can assist with delayed or difficult USCIS cases, because the denial is so problematic. I am waiting to hear back from them, but the Ombudsman’s review process can drag out for months, and my client will not have a work permit in the meantime. This is extremely frustrating for her, especially because she is young and vulnerable (she has that UAC designation for a reason).

If your case has been administratively closed and your EAD application has been denied, please let us know. If there are others experiencing this problem, we can present the issue to USCIS and hopefully seek a resolution of this unfair and harmful practice.

{ 105 comments… read them below or add one }

Ed Ruiz August 14, 2017 at 2:20 pm

Hi there Jason. My brother (who lives in, and filed his I-589 from Utah) received his Acknowledgement of Receipt (Blue Slip) on March 5th 2017; Yet to date, he has not received his respective Fingerprint Notification Letters (for himself, wife, his minor son). As of August 5th he has been eligible to apply for his EAD, but despite having contacted the Houston Asylum Office (HOA) via email, via normal USPS mail and talked to the HOA on the phone (they returned his call in late July), he still has not received his Fingerprint Notices. Previous to the call they had told him in emails that they had sent the fingerprint letters out at least twice in the last 3 months, but nothing arrived. He has a P.O. Box where he receives his immigration documents, and he positively did get his blue slip at said P.O. Box.
What else can he do?
Thanks
Ed

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Jason Dzubow August 15, 2017 at 6:28 am

Probably he should apply for his EAD and hope for the best – it is free, so there is not much to lose. If Houston has not responded to the email, he might try contacting the USCIS Ombudsman about this – a link is at right. Also, he could go there in-person to inquire, and maybe they could give him a biometrics appointment there. In truth, there seems to be some inconsistency in terms of such appointments, and so maybe they will schedule it for him later (though if they mailed it to him and he did not receive it, that is another problem – he might want to make sure they have his correct address). I do not know whether he will have trouble getting the EAD, but it seems to me that it might take too long to get USCIS to issue the fingerprint notice, and so he might as well apply for the EAD. Take care, Jason

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Hasan Ali August 10, 2017 at 4:21 pm

Hi Jason,

It has been more than 40 days since I filed my EAD application after reaching to 150 days of my asylum application. I just got an update email about the EAD application saying that

“On August XX, 2017, your Form I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION, Receipt Number XXXXXXXXX, was transferred to another USCIS office. That office now has jurisdiction over your case.” …..

What does that mean? Should I worry about the situation?

Best,
Hasan

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Jason Dzubow August 14, 2017 at 6:12 am

I think that is normal. USCIS transfers these cases around to different offices. Most people get their EAD in 2 to 4 months, so hopefully you will get it soon. Take care, Jason

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Eder Amaya August 10, 2017 at 3:25 pm

Seeking Legal advice:

Per my attorney I am no longer eligible to renew my EAD c(10) because my case (removal proceeding) was administrative closed. Please advice?, as my current EAD expires in a month.

Based on my littlle knowledge of what I’ve researched, since it was administrative closed I am still elegiible to obtain an EAD since my case was NOT denied.

Thanks

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Jason Dzubow August 14, 2017 at 6:05 am

I do not know what category c-10 is. If you have a pending asylum case (category c-8), and your case is administratively closed, you should be able to continue renting your EAD. We have done that for clients before. Take care, Jason

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Hasan Ali August 9, 2017 at 2:34 am

Hi Jason,

I have recently applied for EAD and 200 days have already elapsed since I applied for asylum. Now I am planning to move to another apartment in the same neighborhood. Would that affect the clock or EAD eligibility as long as I notify USCIS about my new address?

Best,
Hasan

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Jason Dzubow August 9, 2017 at 6:40 am

It does not affect eligibility, but when you change your address using form AR-11, available at http://www.uscis.gov, make sure you change it for the asylum case and for the EAD/I-765. This may require you to file the AR-11 two times, but you need to change addresses for both cases. Take care, Jason

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K0214 August 5, 2017 at 10:07 pm

Hi Jason,

I have applied for EAD based on pending asylum on May 29, 2017. Checked online the status, and it says ‘my case was received at my local office’. Can you help me to explain the meaning of the status? Will such transfer affect the time for receiving the EAD? Thanks.

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Jason Dzubow August 7, 2017 at 6:45 am

I am not sure what that means, but we see EADs take 2 to 4 months. So hopefully, you will get it soon. Also, I do not think that message is unusual, so I would not worry about it. If you do not get a result soon, you can call USCIS to inquire. You can find their number at http://www.uscis.gov. Take care, Jason

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Riley August 4, 2017 at 3:29 am

Hi Jason,

I appreciate your advice to asylum seekers. I’ve bookmarked your blog. I filed for asylum in february 2017 and applied for my EAD in July. I understand 180 days has to pass before I receive it. It’s my first one. However, I read on USCIS’s website that EADs are issued 30 days after its been received for first time applicants. Is this still true? I received my notice from Nebraska.

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Jason Dzubow August 4, 2017 at 11:57 am

Some people seem to get the EAD in 30 days, but that is not generally our experience. Most EADs seem to take 2 to 4 months. Take care, Jason

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Ed Ruiz August 4, 2017 at 1:51 am

Hi Jason, I guess my question is very simple. Si I am a C-8 and I mistakenly sent in my Form I-765 1 week ahead of time (at 142 days, my bad). I received a denial letter. In the last paragraph of my denial letter, I read “However, this denial is without prejudice to the filing of an application for EAD under any category for which you may qualify”. Hence, I understand I can send in a second application. My question is, in Question No. 11 of the current (new) I-765 I am filling in, should I answer YES (as in, I did apply once and it was denied), or should I just say NO, as if it were my first time.
A lawyer friend told me the I-290B thing is a waist of time and money and that I just need to resend my application AFTER the 150 days of my asylum clock. I’m at about 190 at this point.
Thanks
Ed

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Jason Dzubow August 4, 2017 at 11:54 am

I agree with your friend – The I-290B is a total waste of money and time. Re-send the application. On the form, you will need to tell them that you applied previously and it was denied. You can explain in a cover letter that the denial was because you filed too early. It should not be a problem. Take care, Jason

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Ed Ruiz August 4, 2017 at 12:39 pm

Thank you so much Jason, I think I just became a fan of the Asylumist!

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LJ July 31, 2017 at 10:00 pm

Jason,

Thank you for the article. My case is rather different and complicated. I am a derivative asylee from my mom. We had been granted asylee status and got our green card. A few years back, my mom’s case was reopened in lieu of fraud and we are under removal proceeding ever since. A couple years ago, we were granted prosecution discretion. My question is that my 10 years green card is about to expired. I already in the process of renewing it. What are the chances of them denying the GC renewal since our case is under proscretuinal discretion?

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Jason Dzubow August 1, 2017 at 9:50 pm

It sounds like you have already filed to renew, but if your mother’s asylum was terminated, your status would also be terminated and you would likely lose the green card. At this point, you will have to wait and see what happens with your renewal. It may work, as they may not check into your status too carefully. If they do send you to court, you can apply for asylum in your own right, but you should get a lawyer, as that will be complicated if your mother’s asylum was deemed fraudulent. Take care, Jason

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Michael July 31, 2017 at 10:35 am

Hello Jason,

Thank you very much for the useful information and your kind help. My questions are:

1) My wife and I are in the US right now. We are going to apply for asylum. We are both persecuted, yet her case is weaker than mine. Does she need to apply seperately or is it possible to list her as a dependent on my application and mention her situation on my affidavit?

2) If my wife is listed as a dependent on my application, is she eligible for EAD, SSN and driver’s license?

3) I read that you mostly submit the i-589 first and you send the affidavit and supporting documents later for your clients. Does sending them later cause any delay for the case and the EAD?

4)Is it possible to expedite or apply for shortlist for a case after a while (maybe after a couple months) I submit my complete application?

Many thanks in advance

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Jason Dzubow July 31, 2017 at 12:55 pm

1 – This is a judgment call and there is probably no right answer. My instinct is to apply with just one of you, but also to include info about the other’s problems in the main application. Really, though, you should have a lawyer assess both cases to decide what to do, as there are many variables, and the fact that one person may have had more problems than another in your country does not necessarily mean that that person has a better case. 2 – She would be eligible for an EAD, etc. 3 – No delay. 4 – Yes. I did a blog post about that on March 4, 2017 – maybe that would help. Take care, Jason

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Necho July 31, 2017 at 12:51 am

Hi Jason,
My Asylum case was admin closed (PD) in 2013 and I have my EAD card for 6 yrs. now, I’m thinking of moving from CA to TX. I’ll like to know if I move my case would it be reopen or it would still remain closed, if I move to TX?

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Jason Dzubow July 31, 2017 at 11:30 am

I think moving would not affect whether the case is admin closed or reopened. You do have to inform the court and DHS using form EOIR-33. Take care, Jason

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sity July 29, 2017 at 11:05 pm

We live in USA last ten years. We applied for asylum , but after long time we got the decision administrative closure. Will I be able to apply and grant travel doccument?

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Jason Dzubow July 30, 2017 at 6:33 pm

If you had a court case, and the case was administratively closed, I believe that you cannot travel outside the US and return. You should talk to a lawyer about that to be sure, but I think it would not be possible unless you could terminate the court case (as opposed to administratively close the case – which means the case is still open, so if you leave, you would have deported yourself). Take care, Jason

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Peter J July 28, 2017 at 1:03 pm

Hello Jason, If I move my court case from New Orleans to Texas state, the new court are they going to give me another Master calendar hearing or are they going to continue from where the old court stop on my case, because till now I never get my EAD documents. Thank you

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Jason Dzubow July 28, 2017 at 3:40 pm

If it is a court case, and you move the case, you almost always get another Master Calendar Hearing. At that hearing, you can ask the Judge to start the “asylum clock” so you can get your EAD. You can also check the status of your clock by calling 1-800-898-7180, typing in your Alien number, and then pushing 2 when it asks (this is a computer, not a person). If more than 180 days have passed on the clock, you are eligible for an EAD. If 150 days have passed and the clock is running, you can also apply for the EAD. Take care, Jason

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Liman Sutadi July 13, 2017 at 10:24 pm

Hi,

My asylum case was administrative closed. My mom already an US citizen, can she apply petition on me? I’m over 21 years of age.
Any advice for me for the next step?
What about if I want to marry a non citizen as well?

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Jason Dzubow July 14, 2017 at 5:04 pm

If you marry a USC, and if you entered the country with a visa, you can probably get your green card without leaving. There are exceptions, and so you should talk to a lawyer about that too. Take care, Jason

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Liman Sutadi July 13, 2017 at 10:15 pm

Hi,

My asylum case was administrative closed. My mom already an US citizen, can she apply petition on me? I’m over 21 years of age.
Any advice for me for the next step?

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Jason Dzubow July 14, 2017 at 5:03 pm

She can file for you – the waiting time is pretty long though (you can find the waiting time if you Google “DOS visa bulletin). Also, to get the green card, you probably need to leave the US, which may or may not be possible, depending on your case. To know for sure, you need to talk to a lawyer to review your case. Take care, Jason

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Jacob July 2, 2017 at 11:41 pm

Dear Sir.
I have question regarding my asylum case. I applied for asylum from Boston year ago. I have my EAD and now changing my address to New York. Will it stop my clock or be cause of delay. I filled AR 11 form. I changed my address also in UPS.

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Jason Dzubow July 3, 2017 at 11:42 pm

If you filed the AR-11 with your local office, you should be fine. You can contact the new office to make sure your case was moved. You can find their contact info if you follow the link at right called Asylum Office Locator. If you filed a year ago, you should already have your work permit, so even if the clock would stop (which it should not), there is no effect. You can keep your work permit and apply for a new one when the time comes. Take care, Jason

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Aahmed June 23, 2017 at 5:14 pm

Hi ,Thanks for your help to us,I have applied I-765 under Asylum C8 and got receipt on April 13,but until now nothing happen just say CASE WAS REICIVIED IN Nebraska By now i passed 71 days why its too long???? whats your idea?

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Jason Dzubow June 25, 2017 at 11:37 am

We see these applications take 2 to 4 months, so I think you are still in the regular processing time period. So I think you do not need to worry yet. You can call USCIS and inquire about the case – their number is on the website http://www.uscis.gov. Take care, Jason

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nath June 22, 2017 at 11:42 pm

Hi Jason
It ‘s good to read this forum.
I applied for EAD and got the receipt letter I 797 and after applying I moved to amother states where I just got driving licence with DMV however I ll get the card after I get EAD and SSN.Regarding that I didn’t change addresses as I am first waiting for my EAD. 1.Could the Uscis department regarding work permit get notification of my driving licence from the other states (which will eventually mean changed my physical adresse ). The DMV had to online check my status. Can these be obstacles to get EAD .
2. Who and when normaly will I be questioned about a dress change. At the interview or at the moment of uscis application form.
Thanks

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Jason Dzubow June 23, 2017 at 6:42 am

1 – I do not think this will create an issue for your EAD. 2 – Usually at the interview, but if you move, you are supposed to file a change of address in 10 days. If you can keep your old address until you receive the EAD, that is probably safer, but after that, if you move, you should change your address using form AR-11, available at http://www.uscis.gov. Take care, Jason

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Kelly kellier June 21, 2017 at 2:41 am

Hi Jason
I have very difficult question to ask, i hope it will help many like who have no are worried to ask questions. My husband and myself have applied for asylum. We are awaiting for 150 days to complete. We left our country in a desperate situation and no money in hand. We came here believing my aunt would be able to help us stay with her and allow to live until we stand on our own. But after 12 days of being here we are left on the roads.
Fortunately a kind family help us stay with them. He had helped my husband work as a labourer and earn some money so that we can survive.
My question is : the employer pays us below a minimum wage.
We are paid by cash. And this situation makes us always think how are we going to pay our taxes. Ideally we should not be working i know it but we have a baby who we need to take care of and living without any money will only bring us to the roads.
We need to ask you, if and when our application is approved will it back dated for our records to pay taxes.
How does it work.
Are we going to be able penalised for it.
Please help us better understand
We are so worried of the situation we are in
Right now.

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Jason Dzubow June 21, 2017 at 6:30 am

Working without permission generally does not affect the outcome of an asylum case – so there is no need to worry about that. The employer could be fined, and potentially have other problems for paying such a low wage, but that would not harm you or your husband. As for paying taxes, I do not know about that – you would have to talk to an accountant. Take care, Jason

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EAD APROVED AND DENIED June 19, 2017 at 10:21 am

m
Hi Jason this is an update about my case.
Well….I have been waiting since Mar 18 that my EAD was denied by USCIS and d same day I got a reopen notice from USCIS….summary…my EAD was approved March 17,2017…denied Mar 18,2017..reopen and reconsidered March 18,2017…after uscis found out that there was no reason denying it as my lawyers actually waited 150days before they applied for my EAD because that was USCIS initial reason for denying my EAD…I have waited 3 months now and no response from them…please what can I do…am so fraustrated….or I should i just say fucking fraustrated. …am so messed up at this point….please help with ur advice..Thank u

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Jason Dzubow June 20, 2017 at 6:31 am

I responded to this – hopefully you will see that. Take care, Jason

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Arlene June 11, 2017 at 2:56 am

I am on the same situation with your client I am needing to renew my ead card due by sept 2017. I will keep you inform with the results. This is so frustrating…

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John June 10, 2017 at 1:17 am

Hi Jason
I really appreciate your commitment to providing important and timely information. I filed for asylum in October of 2013. I have not received any information about from immigration about interview. I do have a work permit that has been renewed twice. I submitted a renewal application for a third time, and they returned the application fee with a letter stating that I did not need to pay. I have now received a denial letter stating that I did not submit a payment with my application. The letter states that I can file a motion to reopen the case. It appears that I will have to pay $640 to file the motion. I believe this is not my fault as they made an error. What is your advice?

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Jason Dzubow June 12, 2017 at 6:40 am

Such motions to reopen are generally a waste of time and money. It is better to just re-file the I-765 with the fee and the supporting documents. If you have trouble a second time, talk to a lawyer about they specifics of the case to see what is going wrong. Good luck, Jason

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Bernadette June 9, 2017 at 3:30 pm

Hie Jason.
I applied for asylum in November 2015 but haven’t received notice of hearing from Newark office. Do you have any idea which cases they are scheduling interviews now?

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Jason Dzubow June 12, 2017 at 6:23 am

You have to check the Asylum Office Scheduling Bulletin – a link is at right, and it will give you some idea about when the interview will be. Take care, Jason

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Lana June 5, 2017 at 2:37 pm

Hi!
I had my case filed and in process since 2014 and it got transferred from NY to NJ last year. This year I needed to renew my EAD for the third time. After four months of reviewing my application they requested more evidence because my case was administratively closed or they couldn’t establish that there is a case. My husband is on my case and he received his EAD two months ago.
Did my case get lost do you think, or can they just close it without letting me know?
Thank you! 🙂

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Jason Dzubow June 5, 2017 at 10:05 pm

I doubt it would be closed without your knowledge. You can contact your local asylum office (NJ) and ask about whether the case is still pending. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you need to respond to the request for evidence, and maybe you can include the response from the asylum office as part of your response (depending what they asked you for). Take care, Jason

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laura June 1, 2017 at 1:19 am

Hello Jason,

I renew my ead since april, I never received any notice receipt, in order to keep my work I need the receipt notice,
I called uscis, they said nothing is showing in the system yet, I check money order receipt, they cashed it already! Or I only have 2 days at my work. What do you think I should do please?

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Jason Dzubow June 1, 2017 at 6:34 am

If you can get a copy of the cashed money order, your USCIS receipt number should be stamped on there, and then you can check your status at http://www.uscis.gov. If you cannot get that, and USCIS can give you no info by phone, you may need to file again. Maybe check the form (if you have a copy) to make sure your address and all the info was correct. If you cannot get a receipt, some people ask their employer to switch them to unpaid status during the period while they are waiting for the EAD (to work as an unpaid intern for example). It depends on the employer’s flexibility. Good luck, Jason

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laura June 5, 2017 at 5:31 pm

Hello Jason!
Do you know where I can the cashed money receipt please? When I called western union, it’s tape no option for that.
Thank you

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Jason Dzubow June 5, 2017 at 10:20 pm

I do not know. If you pay by check, you can get that from your bank, but if you pay another way, I do not know how to get it, sorry, Jason

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Peter C. May 25, 2017 at 10:40 pm

I am under OSUP, order of supervision, and had my EAD for many years. Recently, our local ICE (Columbus, Ohio) refused to issue Form I-220b for non compliance. And yet, each time I couldn’t travel from Cincinnati to Columbus, I would make sure that I called or write to them expressing reasons for rescheduling as instructed on the form. USCI has declined to issue EAD for lack of form I-220b and the ombudsman is not of much help. How do I get back on OSUP?

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Jason Dzubow May 26, 2017 at 6:31 am

I do not know about that – you would need to talk to a local lawyer who maybe could contact ICE or take other action. Take care, Jason

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Kalac May 23, 2017 at 11:32 pm

Dear Jason,

I applied for asylum in October 2016. In March 2017, after 150 days, I applied for EAD. Later on in March I got my asylum interview and was referred to an IJ. In May 2017 I got my EAD application denied because

“the asylum office administratively closed your proceedings on March 16, stopping your processing clock. The asylum officer transferred your case to the immigration judge on March 24, 2017. As of the date of this letter, you do not have proceedings showing up in the USCIS records, thus the IJ has not restarted the clock concerning the processing of your asylum application. Therefore, you are not eligible for EA as the required 180 days have not elapsed. For info about the EAD clock contact the immigration court that has jurisdiction over your proceedings.”

When I call the 800 line it says that only 25 days have elapsed since my asylum application was filed. These 25 days seem to be the days after my case is with the IJ.

The law, though, says that the days keep accumulating when a case is referred from the asylum office to the IJ. Moreover, my case was not closed but referred to an IJ. I contacted the court administrator via email and still wait for an answer about my clock and eligibility for EAD.

My master hearing is in July. Have you heard sth similar before? If they fix my clock, should I appeal to the decision or just re-apply the I-765?

Best regards

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Alex May 24, 2017 at 9:09 am

Everything will be fine, Jason will guide you. But how did you get your interview that fast? Did expedite your application? Please tell us.

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Kalac June 1, 2017 at 12:08 pm

I did not do anything. It just happened that my case was processed faster than the average waiting time.

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Jason Dzubow May 25, 2017 at 6:15 am

It sounds like an error on the government’s part. Contacting the court administrator is a good idea, though typically they are not all that responsive. You might also contact your old asylum office to ask about that, as the error may be from their end. You can find their contact info if you follow the link at right called Asylum Office Locator. In the worst case, you should be able to re-start the clock in July at your MCH. Good luck, Jason

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mr djib May 27, 2017 at 3:56 pm

man, what a lucky one i had also apply in October mine and still not interview or ead.
Look everything is gonna be ok don’t worry just focus on the interview that is it.
and one question how did you get so fast are you married or expedited by any reason . and wich office is your main officer location.

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Kalac June 1, 2017 at 12:17 pm

Dear Jason,

Thank you for the response. I cannot find the right number to call the asylum office(Newark) and at the same time, after 2 emails and 2 voice messages, I have got no response from the court administrator.
My clock is running again since the 28 of April, the date I received the notice for my master calendar hearing. It says, though, that only 33 days have elapsed, which is the time period my case is with the Immigration Judge. Before that, my case was for more than 150 days with the asylum office. So, in total, I have more than 180 days.

I think of just re-filling an I-765 application and attach the notices of my MCH and then the one that shows when my asylum application was filled, and the referral notice that mentions that more than 150 days had elapsed at that point. These 3 together show that my case is running, and there are more than 180 days on the clock.

Is that a good idea?

Best regards

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Jason Dzubow June 2, 2017 at 6:19 am

You can find the number for your old asylum office if you follow the link at right called Asylum Office Locator. You may want to go there in person and ask about this if you can. I would try that before you re-send the I-765. As for your plan, I kind-of doubt it will work, but you might want to try anyway; maybe you will be lucky. Take care, Jason

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John May 21, 2017 at 8:30 am

Hi Jason
Thanks for this great forum. I have a question I am reaching the time to file first EAD soon ,when I filed the I-589,We only got my name on the initial acknowledgement of receipt my wife and kid are no write any where and tother apply EAD copy of that receipt is required .what can they do, can they submit my receipt as their my depents? However each got letter for fingerprint .
Second question, are we all sending EAD application in the same envelop or we must send it separately as I didn’t read anywhere saying to send them together.
Best regards

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Jason Dzubow May 21, 2017 at 10:39 am

For your family members, you can submit a copy of your receipt and a copy of their fingerprint notices, along with the other evidence listed in the instructions to the form I-765, available at http://www.uscis.gov. You can send them together as long as you clearly indicate there are different cases in the same envelope (and maybe staple each person’s individual application together). Take care, Jason

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bikash gautam May 17, 2017 at 11:56 am

i had the similar problem..i recieved PD by immigration judge…but my i765 was denied because of that

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Mauro June 21, 2017 at 10:44 pm

Is there anything you could do about it? I am in the same situation, but I need to work, are you still working after they denied it? Do you think there’s any consequences If you do so?

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Peter J May 16, 2017 at 5:34 pm

Hello, Jason. I want to use this opportunity to thank you for your help, please can you be able to represent a client in New Orleans if the client want you to represent him as his new Attorney or your good advice will really help? Thank you.

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Jason Dzubow May 18, 2017 at 10:31 am
Carolina May 15, 2017 at 9:33 pm

Hello!

I am a newbie, I have filled out several work permit applications for clients. Who are in removal proceedings, their case has either been closed or was granted PD. I renewed several and all came back to me with RFE asking to submit the EOIR-42B filled with the court. I went ahead and did that and most of the work permits got denied. Has this happened to you? any advice?

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Jason Dzubow May 17, 2017 at 5:13 pm

I did not think that someone with a Cancellation case was eligible for a work permit if the case was admin closed, but I have not had that particular case. Maybe one of the immigration lawyer list serves or AILA would have an answer to this. Take care, Jason

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Jarus May 15, 2017 at 6:45 am

Hi jason, my status in uscis website reads new card is being produced and as this is my first ead based on asylum pending, how long will it take as the status displayed as of may 11 2017. And i have heard of many people doing biometrics for ead. Do i have to do biometrics because i did once already after filing my asylum on november 16 and did biometrics on december. I am asking so to ensure i have not missed a mail for biometrics. Please help jason

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Jason Dzubow May 17, 2017 at 5:52 am

Most people do not do biometrics for the EAD, and it usually takes between 2 and 4 months from the filing date to card the card. Take care, Jason

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Adi May 14, 2017 at 5:27 am

Hi Jason, I have applied for an asylum and it’s still pending . I had my EAD California ID and including ssn everything got lost. I again applied for my EAD replacement but I got the email that request for initial evidence is missing. But what evidences are required, I did not get any mail in my mail box. I dropped an email and waited for a month but no reply so far.
Now my passport is also expiring this month and after that I will not have any valid ID. Feeling really stuck.
If by any chance they deny my EAD. Will I be just stuck for lifetime?
!*kindly advice.
Regards

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Jason Dzubow May 14, 2017 at 11:15 am

Perhaps you missed a letter from USCIS. Maybe you can call them, or make an appointment to go in-person to ask about the letter. You can find their phone number and/or make an appointment at http://www.uscis.gov. Good luck, Jason

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Srj May 11, 2017 at 7:13 am

Hi jason,
Really happy to see you help people who are in confusion. I need a help too. I applied for my EAD based on asylum application for the first time on 10th of april when i completed my 150 days waiting without decision. I suddenly had to move from my adress to a new one in the same area that the asylum office I applied to serves(i.e: Los Angeles) . I went online to use form AR-11 online itself and the application for EAD -i-765 was said as changed but my asylum case i-589 was not changed as it said did not recognize the receipt number for i-589. Will this automatically change my asylum application adress too ? Or will i have to do it any other way. I feel like i messed up with the adress change at this time. Please suggest me a way and solution Jason. Thankyou

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Jason Dzubow May 12, 2017 at 6:31 am

You should be fine. It sounds like you changed the address for the I-765. For the asylum, you have to send a copy of the AR-11 directly to the local asylum office. You can send by mail, email or in person. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Ade May 6, 2017 at 10:52 pm

Hi Jason,
This bothers me, does asylum decisions take this long,
Because I know my asylum interview might be coming up soon
Will it take me up to 16 months to get a decision?

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Jason Dzubow May 6, 2017 at 10:59 pm

We have seen decision take 3 days and we have seen them take 3+ years (and counting). Decision are generally slower for people from Muslim countries and for men, but it is very difficult to predict whether a case will be delayed. I did a posting on October 20, 2015 that sort-of addresses this issue – maybe that would help. Take care, Jason

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Aaan May 6, 2017 at 6:05 pm

Hi Jason .i attend my asylum interview 16 months ago and my decision didn’t announce yet.they doing a background check up for me I heard.but recently I apply for Renewal of EAD a week ago and they send me fingerprints again and they also approved my application for EAD before I fingerprint .so I m little confuse that am I going to hear my asylum decision soon or was it for EAD.thanks

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Jason Dzubow May 6, 2017 at 10:49 pm

The fingerprints may not be related to your EAD. You can check the fingerprint letter – if it refers to the I-765, it is for the EAD; if it refers to the I-589, it relates to the asylum case. Either way, it does not necessarily indicate that a decision is coming soon. I recommend you contact the asylum office to inquire about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Ji May 2, 2017 at 4:03 am

Hello,
I try to renew my EAD recently,but my attorney told me,from this year C10 type EAD will not allow renew. And my clock is 140 days, and case isn’t of status, what should I do?

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Jason Dzubow May 4, 2017 at 6:25 am

C-10 is normally for suspension or cancellation cases, not asylum. If the C-10 renewal does not work, maybe you have to wait until your clock reaches 150 days and apply for the EAD based on asylum (you can apply at 150 days, but are not eligible until the clock reaches 180 days). I think you need to talk to the lawyer to see what is happening – is the clock still moving? Why are you not eligible for the C-10 EAD? What has changed that makes you not eligible? Take care, Jason

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Baghel singh May 2, 2017 at 1:44 am

Hi
I applied for work permit form i765 in January and after a month it get denied and reason was that only 173 days elapsed in my sylum clock which are less than 180 days after two weeks I again applied for work permit after 25 days I got the same letter. What should I do

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Allen May 4, 2017 at 12:03 am

email or visit your local asylum office to ask whether your asylum clock stopped or not. and ask for further guidance

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Jason Dzubow May 4, 2017 at 6:20 am

If your case is with the asylum office, you need to contact the local asylum office (or go there in person) and ask what happened. You can find their contact info if you follow the link at right called Asylum Office Locator. If the case is in court, you probably have to wait for your next hearing for the clock to start. Talk to a lawyer for help in that situation. Take care, Jason

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Mauro April 28, 2017 at 4:57 am

HI Jason, my case was administratively closed and my ead renewal was denied. May I ask if contacting the obdusman has helped in your clients case?

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Jason Dzubow April 30, 2017 at 9:56 am

I doubt it would help in that case – unless the denial was in error. Call 1-800-898-7180 and enter your Alien number. If you push 2, the computer will tell you how many days have elapsed on the clock. If it is less than 180 and the clock is stopped (or if there is no clock), you are not eligible for an EAD and you need to start the clock. This will be difficult if your case is admin closed – talk to a lawyer and maybe they can help, or call the Immigration Court (follow the link at right for the phone number) and ask the clerk. Maybe he or she can help. Take care, Jason

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Carol April 27, 2017 at 8:46 pm

Hi Jason,
My asylum case was also administratively closed because of failure to prosecute at the mater hearing. The asylum file was missing . I was told to go home and l will be notified of the next hearing. The next time l checked the automated line for case status it says the case was closed . 180 days were not yet up for the EAD clock. Can l still apply for an EAD ?

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Jason Dzubow April 30, 2017 at 9:30 am

You can try, but it is unlikely to work. If you don’t mind risking that your case will be put back on the docket, you can contact the Immigration Court (a link is at right), and talk to the clerk to ask about the asylum clock. You may need a lawyer to try to fix the clock issue, and even then, it is sometimes not easy. Take care, Jason

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Sean April 26, 2017 at 12:07 pm

Hi Jason
I have filled my asylum case at end of July 2014 and I sent it to Buffalo local office which I believe it’s under Newark asylum office.
Since Asylum Office Scheduling Bulletin shows Newark in March 2017 scheduled interview for who filled July 2014.
My question is how long more usually taking time to invite who filled in the same time but in local office such as Buffalo instead of main office such as Newark?
I would appreciate if u give me some heads up through timing.
Thx
Sean

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Jason Dzubow April 28, 2017 at 4:57 pm

I do not know, and I suspect that it changes over time. I recommend you email the main office (NJ) and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, in most cases, asylum applications are sent to the Service Center, not the local office, so make sure it is properly filed (if you got the receipt, it is properly filed). Take care, Jason

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Peter J April 25, 2017 at 12:16 am

Hello Jason, thanks for your assistance. My question is based on defensive asylum which asylum application do you need to submit that will start the EAD clock, because I submitted my asylum application to the asylum office in Nebraska and I got the receipt, I lodged my I-589 to the court but because of requesting for more time the clock stopped according to the clerk. My question is can I still go and apply for EAD as the time is up to 180days? Thanks.

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Jason Dzubow April 28, 2017 at 3:20 pm

If you called the phone number 1-800-898-7180 and it told you that there is less than 180 days on the clock, and that the clock has stopped, you cannot get your EAD (unless USCIS makes a mistake, which does happen now and again). To start the clock you may have to try to advance your case, or maybe try to talk to the court clerk and that person can give you some guidance. In court, it is very difficult to start the clock once it is stopped, and it usually does not start until you attend your next hearing. Take care, Jason

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Mauro April 14, 2017 at 3:03 am

I am now in the same situation as your client, my case was administratively closed and my ead was denied a week ago. Do you think there’s anything that can be done to get the work permit?

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Jason Dzubow April 14, 2017 at 6:29 am

First, talk to a lawyer to go over the specifics of the case, as each case is different and maybe there is a simple explanation for the denial or it is something that can easily be fixed. Other options include filing an appeal (expensive USCIS fee and it takes many months), re-filing a new I-765 (maybe pointless if they will just deny it again), or contacting the USCIS Ombudsman (a link is at right; it might help or provide you more info, but it usually takes several months). I think the best bet is to get help from a lawyer. Good luck, Jason

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ADE April 10, 2017 at 6:58 pm

Hi Jason,
If an asylum seeker looses his job through termination of employment or due Expiration of EAD, is the person entitled to unemployment from Social Security office?

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Jason Dzubow April 12, 2017 at 1:48 pm

I think it depends why the job was terminated. I recommend you contact the unemployment compensation office about this. However, if your EAD has expired, you should file to renew. As soon as you get the receipt, the old EAD is automatically extended for 6 months, so you can work during that time. Take care, Jason

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Ade April 23, 2017 at 3:25 pm

Hi Jason,
I had an injury while working with Amazon in 2015, now i cannot bend my middle finger, i told a friend and he said i should report it to Integrity staffing because i got the job through Integrity
which i did, I hope this will not affect my asylum application, i do not want to get into trouble.

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Jason Dzubow April 25, 2017 at 10:14 am

I do not see how that could affect an asylum application. Take care, Jason

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Soliman April 10, 2017 at 4:06 am

Hello sir,
It is now time to apply for the EAD application based on the 150-day [clock] period. Please I just want to know:
1- Is there anything else I should send with the EAD ?
2- Where exactly I should send the EAD ( the same place where I sent the i-589 form or somewhere else ) ?
Thank you.

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Jason Dzubow April 12, 2017 at 1:36 pm

I cannot answer these types of specific questions, as I am not familiar with the case. You should read the instructions and it explains what to do and where to send it. If it is too confusing, talk to a lawyer about the case and they should be able to help you. Take care, Jason

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Suraj April 8, 2017 at 11:33 pm

Hi jason,
It is now time to apply for an EAD for the first time based on asylum application. I am going to post it tomorrow. I just have the receipt from uscis about receiving my application, biometrics letter and my passport. What are the documents to be submitted with i-765 jason? The instructions asks to submit a lot bit i am not sure what they really are. Hope to hear from you soon jason. Have a nice on jason

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Jason Dzubow April 10, 2017 at 3:06 pm

I cannot answer specific questions like that as I am not familiar with the details of your case – you would need to look at the instructions on the I-765. If you make a mistake, USCIS will send you a letter and give you a chance to correct it. Take care, Jason

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Peter J April 8, 2017 at 2:17 am

Hello sir, I am an asylum seeker, my attorney denied the Judge’s offer of the earliest available court date of December 2016,and the Judge gave him June 2018, he was not aware that requesting a later date for the hearing would result in the stopping of my 180-day EAD clock, in Feb.2017, he resigned from the office before he continue my case. Please what can I do to resolve this issue, how can I get my SSN and how can I renew my I-94 card,lack of knowledge regarding the fact that I can get a work with it. Thank you & God bless!

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Jason Dzubow April 10, 2017 at 2:45 pm

I do not know that there is much you can do. Certainly, you can ask for an earlier court date so you can finish your case sooner. Maybe if you have a new attorney, that attorney can say that your last attorney made an error and ask the court to start the clock, but I doubt that will work. Maybe the best bet is to finish the case and ask the court to advance the final date. Take care, Jason

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nouvellevague April 6, 2017 at 8:02 pm

Hi Jason!

I recently filed an application for an Asylum Grant, and expecting the receipt from USCIS in a week. I was wondering if I can travel via plane with only my valid passport and the receipt from USCIS or should I just wait until I get an EAD and SSN? Your help will be greatly appreciated. 🙂

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Jason Dzubow April 7, 2017 at 10:00 am

You should be able to travel inside the US with your passport and USCIS receipt. You should not need the EAD or SSN. Take care, Jason

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nouvellevague April 9, 2017 at 10:50 am

Thanks, Jason! Take care, too.

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