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.

{ 156 comments… read them below or add one }

Donez March 25, 2017 at 7:43 pm

Hello jason
You are doing a noble work.
I am going to apply for ead after 150 days of my asylum application. What should i write in question15 about my current immigration status ???
Thanks jason.

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Jason Dzubow March 27, 2017 at 6:42 am

Sorry – I cannot answer such specific questions when I am not familiar with the case. You just need to carefully read the instructions and the categories to determine which category applies to you. Take care, Jason

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Al March 25, 2017 at 3:52 am

How much time elapsed between the lodging date & the admin closure date?

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Al March 25, 2017 at 3:51 am

How much time elapsed between the lodging & the admin closure?

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Al March 25, 2017 at 3:43 am

Did you have 150 days from the date of the receipt from the Nebraska Service Center for the UAC asylum filing?

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RAJ March 24, 2017 at 10:30 am

Hey Jason. your website is very informative. Keep up the good work. God Bless you.

I have a question. My Asylum Case is pending and in the hearing i was offered prosecutorial discretion and i agreed. i got my ead for 2 years. i live in NY an my case is in NY. I work in a medical field. I have been getting better offers in different states. can i relocate to a different state. Will that affect my case or future EAD renewal? thank you

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Jason Dzubow March 24, 2017 at 12:40 pm

You should be able to relocate with no effect on your EAD. You just have to keep the court informed of your address using form EOIR-33. Take care, Jason

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RAJ March 24, 2017 at 12:57 pm

Thank you very much Jason. You are the BEST

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Lost March 23, 2017 at 10:23 pm

Dear Jason,

I had my asylum office interview in May 2016 and applied to renew my EAD in December 2016. Today I received an RFE from USCIS stating that their records show that Immigration Judge made a decision on my case in September of 2016 and they would like a copy of the judge’s decision in order to process my EAD application. I was never notified of a hearing, never been referred to an immigration court. Plus, my last two inquiries from the asylum office (latest on in January) shows that my case is pending with their office. Could an asylum office send me to immigration judge without a notifying me and could an immigration judge deny my case without my participation in the hearing? I am very lost. Thank you.

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Jason Dzubow March 24, 2017 at 6:44 am

That would be very unlikely (maybe they notified you of an interview, but you never got the notice). You can contact the asylum office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can call this number: 1-800-898-7180. When the computer answers, type in your alien number, and then you can learn whether you have a court case and whether there is a decision. It may just be an error on the part of USCIS. If so, once you figure that out, you will have to tell them and ask them to keep processing the EAD. Take care, Jason

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Lost March 24, 2017 at 7:03 am

Thanks a lot Jason,
I will do so.

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S.K March 22, 2017 at 7:30 pm

Hi jason,
Im not sure if i can ask this or not. In orange county california, i work at a 7-11 store and i work 54 hours fixed every week. Before when i started like 3 months back i used to be paid $10 for 40 hours and $15 for 15 hours. But now all of the sudden the store is getting busier and the owner says he’s gonna start straight pay only. Last week i saw my paystub and it showed me $10 for 40 hours and $15 for 10 hours. He deducted the time in the overtime hours column amd adjusted it to straight pay. So is that legal enough to do? And can i complain about it anywhere coz i only do the night shift and this just got me so upset. Hoping to hear from you jason coz i am an asylum seeker whose case is still in pending condition. Thanks

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Jason Dzubow March 23, 2017 at 6:43 am

I don’t know a lot about employment law, but if you think the owner is violating the law, you can talk to an employment law attorney, or maybe you can contact the state government, but I do not know which office protects workers (though I am sure there is such an office, so maybe Google around for it). People with asylum cases pending are protected by worker laws, and employers are not allowed to violate those laws. Take care, Jason

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YAZ March 20, 2017 at 7:23 pm

Dear Jason,
My EDA has been denied and am waiting for letter to see the reason of denial. I checked my asylum status online and have no status updated. I contacted my lawyer, he said that it’s more likely that my asylum case will be rejected as well and suggested me to leave the country as soon as possible. Please need your opinion on this matter. Thanks

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Allen March 21, 2017 at 10:37 am

Hey, I am very sorry for your situation. did you finish your interview?

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Jason Dzubow March 21, 2017 at 3:33 pm

The answer from your lawyer is suspicious. An asylum case cannot be denied without your knowledge – either a court hearing or an asylum interview. If your case is in court, you can call 1-800-898-7180 and type your Alien number into the system; it will tell you your case status. If your case is with the asylum office, you can contact the local asylum office to ask about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. You may also want to talk to a different lawyer to see if something strange is going on. Good luck, Jason

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THET KO HTUN March 20, 2017 at 3:44 pm

I have renewed my EAD in Dec, 2016. But last friday, my current EAD is expired. Instead, I got the letter showing Automatic EAD renew up to 180 days.
May I know why? My EAD will be likely to get denial?

Thanks

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Jason Dzubow March 21, 2017 at 3:25 pm

I do not know why your EAD would be denied. The new policy is that EADs are automatically extended for 180 days when you apply to renew. You should get the new card soon, but in the mean time, you can use the extension to keep working. Take care, Jason

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tkh March 21, 2017 at 3:38 pm

Thanks alot

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Asylumseeker March 18, 2017 at 6:21 am

Hi
Jason lots of blessing u are doing a great job.
I wanted to ask once I apply for asylum during that period will my kids get an admission in school on visit visa category

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Asylum seeker March 15, 2017 at 2:33 am

Hello jason
Thanks for your noble work for all the asylum seekers.
Lots of prays for you.
I want to know one thing from you. Im going to apply for ead after 150 days. My question is that will i be getting ead card with my ssn or i have to apply for ssn seperately ??

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Jason Dzubow March 15, 2017 at 6:34 am

Once you have the EAD, you can apply for the SSN at the Social Security office. Take care, Jason

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Asylum seeker March 16, 2017 at 2:35 am

Thanks for your promt reply jason.
But for ssn i have checked they need original docs. Is dat true ? Like foreign passport, ead card etc in original ??

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Jason Dzubow March 16, 2017 at 6:26 am

I think they will need your original EAD and maybe the passport, though some people get the SSN without a passport. Take care, Jason

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Asylumseeker March 18, 2017 at 6:19 am

Hi
Jason lots of blessing u are doing a great job.
I wanted to ask once I apply for asylum during that period will my kids get an admission in school on visit visa category

Asylum March 13, 2017 at 11:26 pm

Hello jason,
You are doing a great wotk it’s really appropriated.
I applied for asylum in chicago office with my husband and son. I got acceptance letter with only my name on it. Is this fine ??
Will ibe getting fingerprint notice with my name inly or i will get their notice separately. I am really worried about it. Pls help

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Jason Dzubow March 14, 2017 at 6:38 am

You might want to be sure that your family is included as your dependents. On page 2, did you check the boxes stating that they are applying with you? Did you include an extra page 9 of the I-589 form signed by each person? If not, they are not dependents on your case and you would need to add the (you can contact the local asylum office to ask how to add them; you can find their contact info if you follow the link at right called Asylum Office Locator). If you include them as dependents, they will probably receive fingerprint notices; not everyone gets their own receipt, so that is not a real reason to worry, as long as you included them as dependents. Take care, Jason

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Asylum March 14, 2017 at 3:33 pm

Thanks for yor reply. Yes i have added each dependents information with the application and photograph. But they do not sign on the form anywhere. I am waiting for fingerprint notice. Thank u so much jason.

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Jason Dzubow March 15, 2017 at 6:13 am

They should have signed a copy of page 9 of the form and included a passport photo (just like you did, but they need only page 9). If you did not do that, they may not be part of the case. Maybe you should talk to a lawyer to have the lawyer review whether they are part of the case. If they are not, you can add them. Contact the local asylum office and they can tell you the process of adding a dependent. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Asylum March 17, 2017 at 6:58 pm

Thanks for your reply
What about minors ?? How do they sign the document ? Do we sign on behalf of them ?
Thanks

James March 13, 2017 at 3:29 pm

Dear Mr. Jason,

I am Indian.
My religious asylum is pending.
I am in Houston Texas, last 15 months, since I landed in USA.
I got my EAD and SSN

Now I got interview calls from New York, Kansas etc.
However I am afraid to fly from Houston to New York or Kansas for Interview.

Is there any problem, if I fly from Houston to any other States with my Original Passport, Asylum Receipt, EAD & SSN ?

Can the authority detain me as per the latest EO ( Asylum seeker, Less than 2 years in USA ) ?

Please guide me.

With Thanks, Regards
James

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Jason Dzubow March 14, 2017 at 6:30 am

You should have no problem traveling domestically with the documents you list. The EO has no effect on that. Take care, Jason

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James March 14, 2017 at 10:39 pm

Thank you Jason.

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JN March 14, 2017 at 9:49 am

Hi James,
You should have no problem. I just traveled to Houston and I don’t even have my ssn yet.

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James March 14, 2017 at 10:39 pm

Thank you JN

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lola March 12, 2017 at 11:10 pm

Hi, Jason
I have interview in 8/2015 and I feel it they was miss understood batwing my interrupter and the officer or my be the officer was new any way I did not get any answer till I went to Arlington office on 7/2016 and I ask be my self they set they are sorry but they need to re interview and they did after 5 days sometime in 7/2016 and they set I need to come back after 2 weeks to check the diction but they call me and they set they need to do more security check , and after month I get mail for again re interview I did the third one on 8/2016 it was loge and they ask my again same and they ask my to singe paper I had all what I seat in my last interview .and till now I did not gat any answer form them . my husband was in Pakistan in 1989 for about 15 days he was plane to start university there and he seat that to the asylum officer. I do not now if this effect my asylum. I was human rite defended in my country Sudan and I have all paper support form the origination their and I hade been arrested also. what do u think whey they did not replay to me yet . thank you alt

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Jason Dzubow March 13, 2017 at 9:21 am

We sometimes see long delays in cases after the interview, and some people are interviewed several times, so your situation is not unique. However, it is somewhat unusual, and it is unclear whether the problem at the first interview is what led to the delay. Since it has been some time since your third interview, I recommend you contact the asylum office and inquire about the case status. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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lola March 13, 2017 at 12:32 pm

thank u very much I will contact them . I forget to tell u that I send emill to them in October and they replay to me 2 different email (Thank you for your inquiry. At this time your case has been accorded priority status and is currently being reviewed by a supervisor to ensure that you receive your decision. We apologize for any inconvenience this has cause you and are working swiftly to complete your case.
 
Thank you for your continued patience. If you have any further questions or concerns, please feel free to contact us at any time.)
the second (Thank you for your email.  We understand that you are understandably anxious for a final decision on your case.  However, your case is still under review by a supervisor because it is going through final background checks.  When a final decision is made the decision will be mailed to you. 
 ) this the 2 email from them
I will tray to contact them again

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Jare March 12, 2017 at 10:34 am

Hi Jason,
Thanks so much for all your guidance and assistance. I have learned so much here. Please i need your input, i applied for asylum through a law firm in New York and my lawyers said they sent my application on the 2nd of Feb 2017.

But since then i have not heard anything from the asylum office. I learned from here that the receipt keeps me safe until an interview is scheduled and a decision reached. Please i would like to know 1. Should i be worried as its been over 30days and still no receipt? 2. Would the receipt be sent to me or my lawyers? 3. If it would be sent to me, then would the receipt be sent by email or post?

Thanks so much for your help and valued insight.
Jare

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Jason Dzubow March 13, 2017 at 6:38 am

The receipt should go to you and to your lawyer. Thirty days is a bit long to wait for the receipt. You should ask the lawyer about it. If you do not get the receipt or the fingerprint notice soon, your lawyer will need to determine what happened to the application. Take care, Jason

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Jare March 14, 2017 at 3:01 pm

Thanks so much for your help. I asked my lawyer, they said they will check their mails and revert. i check my mail everyday. Still waiting thanks so much, regards

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Maria March 11, 2017 at 4:22 pm

Dear Jason,
I had accepted PD offer since last year and renew the EAD annually. My question is that am I eligible to apply Green Card if my job offers it in the future?
Thank you!!!

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Jason Dzubow March 13, 2017 at 6:32 am

Possibly, but it would involve reopening the case and maybe having to leave the US. It depends on your specific circumstances, and I recommend you talk to a lawyer before starting the process, to be sure that you can finish the process and get the GC. Take care, Jason

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Maria March 16, 2017 at 6:31 pm

Thank you so much!

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hi March 10, 2017 at 12:31 am

hello jason
i have a question please.my asylum case was approved last year and i want to apply for green card this year in april..in the interview of asylum they asked me if i i got any gun training in my life..i told them that when i was 13 or 14 “not remebmer exactly that old iraqi government under dictator saddam give the students one week gun training..and i failed in the test..and i never hold a gun then in my life..the officer then bring a paper and i signed it . my question is that consider inadmisibility when i apply to green card or they understand it? i see in the application part 3 they ask about that in q18..what is your opinion and advice ? can i clarify that again in a seperate sheet? my case then went to HQ and get approved after 2 years. is my green card application due to that is hopless ?

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Jason Dzubow March 10, 2017 at 4:34 pm

As long as you do not try to hide it on the I-485, you should be fine (and obviously, you cannot hide it, since you already told them about it). I do think you should be prepared with any evidence you have about it, in case anyone asks you, but I doubt it will block you from getting the GC since you already received asylum. Take care, Jason

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hi March 10, 2017 at 5:40 pm

thank you jason for your response. really appreciated.
Have a great day

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Mauro March 9, 2017 at 12:40 pm

Greetings Jason, I have a question, so I got administrative closure in 2015 and I was able to get my ead in a couple of months. But I tried renewing it last November and USCIS took over 3 months to respond and when they did they sent me a RFE form and it said that we filed in the wrong court and that I need to send a copy of the deportations suspension page I belive but my lawyer said he didn’t have it and couldn’t get it anymore because the case was closed. and so he said that my ead will most likely be denied do you think that there is any chances of me getting my ead without responding to the rfe? Just want a second opinion this really worries me, thank you before hand.

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Jason Dzubow March 10, 2017 at 7:16 am

If you do not respond to the RFE, I expect USCIS will deny the EAD. I am not sure I understand what USCIS wants from you, but you can go to the court and show them the letter and then ask if they can give you what you need. The court still has the file (though maybe it is in storage and they will have to bring it back), and you can get any document you need from the file. You might also consider filing a Freedom of Information Act request to get your entire court file, but this may take some time, so it is better to go to the court (or call them) directly. You can find the court’s contact info if you check the link at right called Immigration Court. Even if you cannot get anything, you should respond to the RFE and tell them that you could not get it, and explain why you should get the EAD anyway. Good luck, Jason

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Mauro March 10, 2017 at 11:59 pm

The RFE letter that they send me says “Your application indicates that you are seeking eployment authorization under 8 CFR, section 274a.12 (c)(10)
US citizenship and immigration services (uscis) records indicate that you have been issued a fee receipt for a form I-881 (application for suspension of deportation or special rule cancelation of removal) a form EOIR-40 (Application for suspension of deportation) or Or a EOIR-42A (Application for cancellation of removal and adjustment of status for certain nonpermanent residents ) However uscis records do not indicate that you filed your application with the appropriate immigration court. Submit a date stamped of your application showing that it has been received by the appropriate immigration court” But my lawyer said we couldn’t do that because my case was closed by the judge and so I would probably not get another EAD and I don’t think he really cares. so do you recommend I send a letter to uscis explaining why I can’t sent those papers?

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Jason Dzubow March 13, 2017 at 6:23 am

I think you need to respond; otherwise, the EAD will be denied. I think you need to talk to a lawyer who does care, as this is important, and I imagine you have limited time to respond. Try to find another lawyer who can help you. Good luck, Jason

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James March 8, 2017 at 3:14 am

Notice uscis send me by mail saying that we have completed preliminary review of the application as part of standard processing we transfer ur case can u explain dis line

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Jason Dzubow March 8, 2017 at 11:33 pm

Maybe that is for your EAD. If so, it is standard for USCIS to transfer cases around to different offices. It is no problem. Take care, Jason

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Biba March 8, 2017 at 1:12 am

Do you think Trump’s new EO will have a positive impact on the speed of asylum cases?
Since no Refugees from The Six Countries will be allowed in the US for at least 4 months, then those officers who worked on refugees from these countries might be transferred to work on Asylum cases instead.

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Sara March 8, 2017 at 2:31 am

I know your question was meant for Jason who is best equipped to answer, but here are my two cents since I’ve signed up for notifications for this post.
I don’t think denying people from the 6 countries will speed up applications already in the pipeline. My understanding is that the backlog was caused by the spike in asylum applications, the surge in people seeking asylum at the border (resulting in the need for officers to be diverted from certain offices to conduct credible and reasonable fear interviews), and the increase in unaccompanied minors seeking asylum whose cases take precedence over ours.
The current administration’s plans to crack down on immigration at the Southern border could help. Either way, it pains me that my relief may come at the expense of someone else’s strife. It’s starting to feel a bit like the Hunger Games, and I don’t like it.

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Biba March 8, 2017 at 1:54 pm

Hello Sara,
I agree with what you said, every bit.

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Jason Dzubow March 8, 2017 at 11:32 pm

I don’t like it either, but I do like the comparison to the Hunger Games. Though maybe we should not mention that, as it may give Trump some new ideas…

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Sara March 9, 2017 at 12:51 am

Indeed, Jason!

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Jason Dzubow March 8, 2017 at 11:25 pm

That is one reason to believe his EO will make things faster, but he might also shift resources away from the asylum system, so it is unclear how his policies will affect the speed of the interviews. Take care, Jason

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Biba March 12, 2017 at 1:33 am

Thanks a lot Jason.
God bless

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Elyas March 8, 2017 at 12:44 am

Dear Jason i appreciate your cooperation

I have couple of questions

1- im suppose to apply for renewal of my WORK PERMIT since i dont have lawyer i heard for second renew USCIS charge you i want to know how much is the fee and how to sent the money along with my documents?

2- i have a pending case i only have work permit and social security can i still travel out side of USA. With current pending status with USCIS if so how long will it take to receive any travel documents or parole and how much is the fee ? Dont u think its not risky to travel with current pending status

3- and i want to change my address in same city but different location i heard changing address will causes delay in interviews date? Is that true

4- im worried if USCIS this time dont renew my work permit ? Is there any concern?

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Jason Dzubow March 8, 2017 at 11:23 pm

1 – They do charge you. You can find the fee and info about payment in the form instructions (form I-765, available at http://www.uscis.gov). If the fee is too much, you can apply for a fee waiver using form I-912. 2 – If you want to travel, you need to first get Advance Parole using form I-131. It usually takes at 3 to 6 months to get it. If you are from a “banned” country, I would be careful about using this, but for most people, it should be safe. Talk to a lawyer about the specifics of your case if you are not sure. 3 – Changing the address will have no effect on the interview date if you do not move your case to a new asylum office. 4 – I do not think so. Take care, Jason

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hedayat March 7, 2017 at 7:42 pm

Hello Jason.
I applied for political asylum the April 2014. However, I did not receive interview appointment so far . I am Living in the Troy, New York. What should I do? based on Asylum Scheduling Bulletin, I must have interviewed.

According to both the jurisdiction of NY and NJ, it is time.

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Jason Dzubow March 8, 2017 at 11:16 pm

You may be in a sub-office, and sub-offices are usually slower than the main offices (the Asylum Office Scheduling Bulletin only shows the main offices). To be sure, you can contact the local asylum office and ask them about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Tigger March 11, 2017 at 5:16 am

Hedayat..
I was in the same situation and what I did to speed up my interview is that…
I visited Newark asylum office as our inquires on Fridays and put note to availability for interview at any office, then few months later I got call for interview in Buffalo USCIS office which 4 hrs from Troy, I made it.. and now waiting for decision around 21 months.. hopefully will expect get something soon with TRUMP.. good luck.

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marija March 7, 2017 at 4:12 pm

Hi Jason ,
What you do is amazing !
I have a question regarding the transfer of my case . I applied in March 2015 in Arlington VA and just transferred my case a month ago in Chicago IL. Do I still keep my place or its considered like I just applied? My lawyer is saying that I will not keep my place but he doesn’t look like he cares a lot so I want to get a second opinion if possible !
Thank you so much !!!

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Jason Dzubow March 8, 2017 at 11:07 pm

You should keep your place in line. I would email the old and new offices to make sure your case was transferred and to make sure it is in the proper place in the queue. You can find their contact info if you follow the link at right called Asylum Office Locator. And if you think your lawyer is not helping you, I recommend you find a new lawyer, as some lawyers are not helpful and can create more problems than they solve. Take care, Jason

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MM March 7, 2017 at 3:41 pm

Hi
Thank you for your articles and thay help me very well
I appreciate you for your helping
I wana ask you why Houston office didnt change the schedule for more 18 months ???? every month I m waiting for that and when I see it without any change It makes me upset …. how many months we have to wait???😭😭😭I applied FEB 2015 and for months it was april -may 2014😢😢😢😢

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Jason Dzubow March 8, 2017 at 11:04 pm

Most likely, it is because they are dealing with cases of credible fear interviews and unaccompanied minors. One benefit of Trump may be that he slows the number of people coming across the US/Mexico border. If so, it may cause your asylum office (and other offices) to start moving faster. Take care, Jason

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Lora March 7, 2017 at 1:18 pm

my EAD is pending since 75 days, I called them, they submitted an inquiry, and returned back to me after few days by email saying: your case is pending for security check, and unfortunately we cannot issue your card until the security check is complete

My question:
My asylum case is pending for background check. My understanding that EADs has no security check?? I have been doing renewals since 3 years and everything was fast!

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Lora March 8, 2017 at 1:12 am

And the next question
Can I work as 1099 like uber for example without having the EAD in hand? Is that legal? I worked for uber last year, although I had the EAD with me, but no one neither uber nor irs asked to show the card

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Jason Dzubow March 8, 2017 at 11:26 pm

It is not legal to work without an EAD. However, working illegally has no effect on an asylum case. Take care, Jason

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Ryan March 8, 2017 at 2:20 am

I can say this is not a new issue. they might ask you for more documents or they might approve soon. USCIS always run a security check before issuing EADs or before changing applicants’ status.

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Sara March 8, 2017 at 2:41 am

Hi Lora,

If you already have a TLC license to drive for Uber, you should be able to do so with no issues. TLC is required in some states, but may not be a requirement in yours.

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Lora March 8, 2017 at 9:08 pm

I can drive, I know. I can make money from them. But can that create a red flag at the IRS when it is time to file for TAXes? I was told by one of the lawyer it is big problem to do so, and they can withdraw my case and deport me. I really don’t know what to do to survive. With pending case pending EAD, my whole life will be pending. I may have to start planning to find good tent and live in parks with my kids. How can I make a living with no life essentials.

i don’t know, I feel I maybe went too far, and just wait for a couple of weeks and the new EAD will be issued

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Sara March 8, 2017 at 10:18 pm

Your old EAD is automatically extended by 180 days from the date of expiration per the new law. Not sure why your lawyer is freaking out.

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Aman March 15, 2017 at 4:23 pm

Hi,EAD is extended but dmv don’t renew the license bec we have the same case,we have applied for the renewal of our EAD and got the notice of 180 day extension but as our old EAD is going to expire soon we checked with dmv for renewal of our license dey denied to renew it n then we checked with our local USCIS office they also denied for the same as dmv told us that in case we show them any approval letter from USCIS they can consider for the renewal but unfortunately they also denied and told us that driver license can be extended only on the arrival of new EAD card,so dnt know how long it will take because we cant drive and we have a driving job,hope that it will help others

Jason Dzubow March 8, 2017 at 11:54 pm

Working unlawfully has no effect on an asylum case. I am not sure what your Lawyer’s worry is. And in any case, if you applied to renew your EAD, the receipt now automatically extends the old EAD for 180 days, so you would then be eligible to keep working. Take care, Jason

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Jason Dzubow March 8, 2017 at 10:58 pm

I am not sure what that means, but EAD renewals often take more than 75 days, so there is nothing unusual about the delay. Maybe if you wait another month or so, you will get a decision. If you want, you can make an Info Pass appointment and go in person to ask (appointment are made at http://www.uscis.gov) or you can contact the USCIS Ombudsman – a link is at right. But my guess is that you will get the card relatively soon. Take care, Jason

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Thomas March 7, 2017 at 12:03 pm

Hi Jason,
Thank you for the incredible work you are doing to one of the most vulnerable groups of people (the asylum seekers) in the the US.

I do have a question. I have received an interview notice two days ago. Yesterday, I got another mail that requests me and my wife give fingerprints (we have already given fingerprints immediately after our application was received by USCIS three years ago). Even though my wife and two young kids (now 8 and 6) are included in the application, the fingerprint requests are only for me and my wife. How about the kids?

Kind regards,
Thomas

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Nick March 7, 2017 at 8:15 pm

Applicants under the age of 14 are not required to submit fingerprints.

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Jason Dzubow March 8, 2017 at 10:53 pm

Probably they only need prints for you and your wife. I do not think there is a problem. It is normal, as fingerprints expire after 15 months. At the interview, bring the receipt showing you were fingerprinted and you can mention to the officer that your children were not fingerprinted. If they need prints from the children, they can give you an appointment at that time. Take care, Jason

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Thomas March 9, 2017 at 12:51 am

Jason,

Thanks a lot. I will tell to the officer about it at the interview.

Thanks again
Thomas

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Fares March 7, 2017 at 4:30 am

I have a green card and i am from Syria after the new executive order can i travel safely to Lebanon to see my family . What’s your advice . Thanks

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Jason Dzubow March 8, 2017 at 10:47 pm

As I read the new EO, you can travel and return to the US if you have a GC even if you are from Syria. Given the unpredictability of the president and his orders, you may want to check with a lawyer before you go, just to be sure there is no specific issue with your case that might cause a problem. Also, of course, you are not permitted to leave for more than 6 months without a Re-entry Permit (form I-131, available at http://www.uscis.gov). Take care, Jason

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Asylum seeker March 6, 2017 at 4:47 pm

Hi –

Asylum seekers or the ppl who got asylum has the right for in state tution fee ?

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Asylum Seeker March 6, 2017 at 5:02 pm

AS,

Residencu determination for tuition purposes differs from state to state. Generally, most states will award a person granted asylum in-state tuition. If your case is pending, however, in most (but not all) states you will be denied residency.

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JOJO March 6, 2017 at 8:16 pm

Hi Jason,
I would like to appreciate your effort to help the asylum seekers in United States.
I already file my asylum application before two weeks, but I didn’t receive the confirmation letter regarding my application from immigration office. However, I receive letter that order to give fingerprint, before confirming me to receive my application.

Could you please explain the situation?
How can i get confirmation letter of my application?

Thanks,
JoJo

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davids March 7, 2017 at 2:02 am

Hi Jojo
sometimes this happens( Either from USPS or USCIS). A copy of the finger print paper is all you need(along with forms and ID ) when applying for EAD after 150 days waiting period.

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Jason Dzubow March 8, 2017 at 10:37 pm

If you have the fingerprint notice, you should be fine – it means your case was received. If you don’t get the actual receipt, I don’t think it really matters, but if you are worried about it, you can contact the local asylum office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Jason Dzubow March 8, 2017 at 6:02 pm

Usually not, but you need to ask the school. If you win asylum, you probably can get in-state tuition. Take care, Jason

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ChiCit March 6, 2017 at 3:55 pm

Jason,

As you may know, the new EO has been signed.
I have a granted asylum status and I just applied for AOS:
(1) Does the ban affect my AOS application?
(2) On my G-325A I made a mistake and didn’t list all employmments within past 5 years. I’ve mentioned them on my asylum application but not G-325A. Would that cause a denial? I really am scared and I can’t afford a lawyer to ask these questions.

I really appreciate your help, Jason. Thank you so much!
(Suggestion: Have you considered adding ads to your website to generate revenue? Like Google Ads or something similar)

Thank again!

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Jason Dzubow March 8, 2017 at 5:59 pm

1 – It does not appear to affect AOS, even if you are from a banned country; 2 – I suppose you can mail them a corrected G-325A, but they may not match it with your file, so also bring a copy with you for your interview. Maybe I will add ads one day, if I can get my act together. Take care, Jason

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eddy March 6, 2017 at 3:07 pm

I think this is the most important piece of the new excutive order that concerns us and I think we are fine …..

(e) This order shall not apply to an individual who has
been granted asylum, to a refugee who has already been admitted to the United States, or to an individual granted withholding of removal or protection under the Convention Against Torture. Nothing in this order shall be construed to limit the ability of an individual to seek asylum, withholding of removal, or protection under the Convention Against Torture, consistent with the laws of the United States.

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Jason Dzubow March 6, 2017 at 3:39 pm

As with the previous orders, I think this one does not have much effect on asylum seekers or asylees in the US. Hopefully, I can find some time to write about it soon. Take care, Jason

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arman March 6, 2017 at 1:14 pm

Dear Jason,
First off, thanks for your help.
1)I received a letter from Boston sub office that tells me I can call USCIS customer service or ask for an InfoPass appointment from local field office to issue an interim EAD card. I called USCIS customer service and they told me they are not sure if still interim EAD card is issued or not. Do you think I should go to local office or not?
2)I read somewhere there should be more than 90 days passed from applying for EAD card to ask for interim EAD card and mine is 66 days.
2)Also, USCIS customer service told me they have sent another letter says my case lacks some documents. I have not received it yet. Do you think I should wait for the letter or I can go to the local office?

thanks again.

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arman March 6, 2017 at 1:15 pm

I forgot to say I am an asylum seeker.

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Jason Dzubow March 6, 2017 at 3:35 pm

1 – My understanding is that no offices issue interim EAD cards, but I do not specifically know about Boston. I know some of my clients in Virginia have tried to get interim EADs and they could not; 2 – I think you cannot get an interim EAD; 3 – Wait for the letter. I doubt the local office will know about this. Take care, Jason

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Justice March 6, 2017 at 2:40 am

Hi Jason,

I have read the following regarding applying for EAD from one of the lawyers:
“It is almost impossible to obtain an asylum related EAD after a mere 150 days (if you insist on doing things “by the book”..) A first time EAD application after 150 days is almost always routinely denied, with one excuse or the other…

Instead, it is much smarter to file after 180 days have passed. That way you obtain your EAD in a mere 2 weeks! Try and you’ll thank me.”

This has been written 2 years ago. Is this the pattern recently also? Or is it ok to apply on 151st day now?

Thank you!

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Ryan March 6, 2017 at 11:26 am

Things definitly changed. But it worked for me last year. I waited for the 180 days passed, and then I got my ead in 2 weeks

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Justice March 7, 2017 at 3:28 am

Thank you. Which service center did you apply through?

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Ryan March 8, 2017 at 7:28 pm

california

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Jason Dzubow March 6, 2017 at 1:20 pm

I highly doubt this is correct. The soonest you can file for the EAD is after 150 days. I suppose you can wait longer to file, but we have not seen such cases move faster. Whenever I hear such claims, I am skeptical, and this is no different. But if you try it, let us know what happens. Take care, Jason

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Justice March 7, 2017 at 3:29 am

Thanks!

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AlexH March 5, 2017 at 9:51 pm

Hi, Jason, I just want to add some new evidence in my case, I have filed everything to my lawyer couple weeks ago but he never even respond back to me. I was wondering how do I file added information to USCIS by myself? Thank you.

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Jason Dzubow March 6, 2017 at 1:10 pm

You can file it directly with the asylum office – And you have to follow the rules of the asylum office about number of copies and filing on time. You can contact the asylum office for more info about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you should make sure to coordinate with your lawyer (or fire your lawyer if he is not helping you). You need to know what has been filed, and your lawyer needs to know what you are filing. Probably, you should talk to the lawyer and figure this out before filing any more documents. Take care, Jason

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AlexH March 6, 2017 at 2:01 pm

Thank you Jason, I will contact him.

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eddy March 5, 2017 at 8:53 pm

hi Jason hope every thing is going well with you and your family , I have applied for a renewal of EAD and got a receipt after one week from Houston offece , one week later I got anther letter from Houston saying that my case have been shifted to arlenghton offece after first processing , it is ma be normal shifting or gave to do with the possible new regulations.
many thanks

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Jason Dzubow March 6, 2017 at 1:07 pm

That is completely normal. Take care, Jason

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james March 5, 2017 at 12:57 pm

i applied for renewal of ead and i checked online my status they saying ur case moved to another jurisdiction so can u tell me how long it will take to get ead

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Jason Dzubow March 6, 2017 at 7:33 am

Or did it say that your case was transferred to another office for processing? That is pretty common. We see EADs taking usually between 2 and 4 months. Take care, Jason

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James March 6, 2017 at 8:41 am

There is no such word like processing ? Why it is happening any particular reason ?

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Jason Dzubow March 6, 2017 at 3:18 pm

In that case, I am not sure what the notice means. If you moved, maybe the cased moved as well. But otherwise, I cannot tell from the question what has happened. You may want to show the letter to a lawyer and ask about it. Take care, Jason

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Sylvie March 4, 2017 at 2:27 pm

Hi Jason. thank you for all your work. I have a question about a renewal of my employment authorizaton. My passport will expire in October 2017 and my EAD will expire in August 2017. I was wondering if I can still fill for renewal with my actual passport or do I need to renew my passport before I renew my EAD? I am an asylum seeker. My case is pending.
Thank you

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Jason Dzubow March 5, 2017 at 12:23 pm

You do not need a passport to renew the EAD. The EAD has nothing to do with the passport. Take care, Jason

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Sylvie March 5, 2017 at 2:34 pm

Thank you so much Jason. God bless you

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Julieta March 4, 2017 at 1:12 pm

Yes indeed. My lawyer doesn’t seem to be of much assistance. I am even thinking about filing for DACA by myself as he has not responded to my requests. But due to my old removal procedures I’m afraid I’ll be hurting me more than helping. I’m sorry if this is not regarding Assylum, but as I was not getting anywhere I thought this forum could give some insight

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Jason Dzubow March 5, 2017 at 12:22 pm

I am not sure whether you are eligible for DACA if you have admin closure (because technically, your removal case is still pending). If your lawyer is not helping, you should talk to a different lawyer to see whether you are eligible. Take care, Jason

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Lifesuccess March 4, 2017 at 12:16 pm

Hey Jason,
Well I filed my EAD which was octorber last year and got denied because they said my counting clock had reached 136 days which is not yet up to the 180 days.So I waited for 3months before i got the feedback and so when it came again I reapplied again which I got the receipt in my email with the code. Now, my question is i haven’t gotten it in the formal letter way being mailed to my inbox. Would that be a problem?
Lastly, My Jason, my asylum case,is still pending in court since the court date is in four years time and so I wanted to go back to college to continue with my education. What is the best advice you can give me to take concerning my going back to college and more so I don’t have a lawyer. Thank you

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Jason Dzubow March 5, 2017 at 12:20 pm

My best advice is that if your case is in court, you should have a lawyer. The chances of winning are far less without a lawyer. You can call this number: 1-800-898-7180 and enter your Alien number, and push 2. It will tell you how many days are on the clock. If it is more than 180, you are eligible for the EAD. If you have the EAD, you should be able to attend college, but I suppose different colleges may have different rules, and you will have to check with the school. Take care, Jason

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Lifesuccess March 5, 2017 at 3:26 pm

Thank you Mr Jason. God bless

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HA March 4, 2017 at 3:56 am

Nice Article,
What do you think?
Is it possible that we will face EAD denial more common?
Is it only possible for cases closed less within the 150 days time frame?
Thank you very much.

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Jason Dzubow March 5, 2017 at 12:13 pm

Hopefully, this article is based on an anomaly and it is not a pattern. Only asylum applicants who have waited 150 days after filing for asylum are eligible to file for the EAD. Take care, Jason

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CHA March 6, 2017 at 4:13 am

Thanks for the reply

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Ali March 4, 2017 at 12:17 am

Dear Jason,
Thanks a lot for all help that you provide here.
I am asylum applicant. Currently, I am applying for second EAD. The first one will expire in 3 months.
As I am going to request fee waving, I would like to know if it affects the processing time.
God Bless you!

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Jason Dzubow March 5, 2017 at 11:49 am

It might, as it is another application that USCIS must process, but now when you apply and get the receipt, your EAD is automatically extended by 180 days, so you should have time to get the new EAD, even if it is a bit slower due to the fee waiver. Take care, Jason

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Ali March 5, 2017 at 1:04 pm

Thanks Jason for your response.
It is a little confusing for me. By getting the receipt, does my EAD automatically extend for 180 days or 90 days?!

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Jason Dzubow March 6, 2017 at 7:34 am

The receipts for the new EAD automatically extends the old EAD by 180 days. Take care, Jason

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Ali March 6, 2017 at 11:21 am

Wooow!!!
180 days! Six monthes!

God bless you brother.

Tina March 5, 2017 at 4:03 pm

If you do not mind me adding sir, I requesteed for fee waiver for my second EAD and got the approval within 3 weeks of filing. I had to attach a copy of my 2016 w2, though.

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Ali March 6, 2017 at 11:18 am

Thank you for sharing. It is really good news for me!

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Rukhsana March 3, 2017 at 8:26 pm

Hello Jason
Last year i applied for asylum with my 3 kids(religious).
We still havent got EAD , 1 my kid live in Oman, i want to visit them, what should i do in the case? I am basically from pakistan?
If i still have got a pending asylum, can i buy a property in USA?
I live in newyork.

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Jason Dzubow March 5, 2017 at 8:35 am

Assuming they have an affirmative case with the Asylum Office, most applicants can travel and return to the US using Advance Parole (form I-131, available at http://www.uscis.gov). But you cannot go to the country of feared persecution or you will likely be denied asylum. Take care, Jason

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Sadaf Razvi March 3, 2017 at 6:15 pm

I have applied for asylum in August 2016. Got my EAD for 2 years in Feb 17.
When can i expect the immigration officer interview?
I have a religious asylum case (have converted to Christianity from a Muslim). Both my kids are US Citizens but minors. Please do guide in anyway you can as i am a single mom with no family help.

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Hitoshi Y March 3, 2017 at 8:05 pm

So, no thanks,,no please,

Just straight to the question? Not even bother to being polite?

Ma’am. I do understand the fact the whole asylum experience is painful. I’m in the same path. But I do hope people be more greatful while seeking help specially Jason doing this blog for free.

To your questions, the interview date really depends which office are you in. There is a link on the right that will give you a idea.

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Tina March 3, 2017 at 10:13 pm

👍👍👍. Not sure it bothers Jason but that does not mean that adults should not have simple courtesy.

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Hitoshi Y March 3, 2017 at 8:07 pm

Here is the link,
http://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin

And I noticed you did say please, my bad, haha

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Sadaf razvi March 4, 2017 at 1:49 am

Please read your facts properly b4 you just jump on to anyone n use an excuse to fight.

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Hitoshi Y March 5, 2017 at 12:36 am

No, ma’am I wasn’t trying to argue with you, I just stated a simple fact that you are taking Jason’s help as granted.

And despite that I answered your question, you only noticed I “jumped on” you. I feel sorry for you. Ma’am.

I don’t want turn this into any sort of pointless arguments. I’m sorry to bother you and hopefully you will get your answer from Jason shortly.

Good luck on you asylum case

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Jason Dzubow March 5, 2017 at 8:34 am

I have two little kids in my house; they have to say “please” or they get put out in the cold; here, though, I am not too worried about it….

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Jason Dzubow March 5, 2017 at 8:27 am

No one can predict when the interview will be. You can get some idea if you check the Asylum Office Scheduling Bulletin – a link is at right. Also, if you have a reason (family separation, health problem, etc.), you can ask the asylum office to expedite your case. You can contact them to learn how. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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hamid March 5, 2017 at 3:54 pm

hi sadaf may i ask you which asylum offices did you appliy?and how many days after you applied for EDA you got it? thank you so much.

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Amit March 3, 2017 at 4:50 pm

Hope you are doing fine. I have a couple of questions regarding EAD renewals, if you can guide me.

1. Should I send a fee of $410 or $485 per EAD?
2. My 2nd daughter and son are 12 and 9 years of age, we had their EADs the first time since there was no fee, do you advice to apply for the renewals this time or not?

Regards
Amit

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Jason Dzubow March 3, 2017 at 5:15 pm

The fee is $410. As for your children, if you want them to have an EAD, you can file for them. If they do not need an EAD, you can skip it. Take care, Jason

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Tati March 6, 2017 at 12:36 pm

Hi Jason,
I just wondering, I have a daughter she is 8. We (my husband and I) applied for EAD (for the first time, still pending). Should we applied for daughter as well?
What benefits for her? could we received SSN for her without EAD. I just didn’t know a necessity of EAD for her
Thank you for all your help!

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Jason Dzubow March 6, 2017 at 3:31 pm

I do not know that she needs an EAD. You can talk to the Social Security office to see whether they can issue an SSN with only the asylum receipt, but typically, children do not need EADs. Take care, Jason

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Sara March 6, 2017 at 11:01 pm

We needed an EAD for our toddler to get her SSN. It’s a points based system, so we needed the card in our case — you may not need one.
I’m in NY if this helps.

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Sara March 6, 2017 at 11:12 pm

Well, not “points based”, but you know what I mean.
Here’s a cp from the SSA website:

To prove your child’s U.S. immigration status, you must show us your child’s current U.S. immigration document, such as:

I-551 (Lawful Permanent Resident Card, Machine Readable Immigrant Visa);
I-766 (Employment Authorization Document, EAD, work permit); or
I-94 (Arrival/Departure Record) or admission stamp in the unexpired foreign passport.

Tati March 7, 2017 at 3:53 pm

Thanks for sharing!

Sara March 8, 2017 at 2:22 am

You’re welcome 🙂

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Julieta Martinez March 3, 2017 at 2:02 pm

That’s exactly what happened to me. It was denied based on a pending i-485 application. I have always been able to renew it but this year they denied it. Even though mine was not through asylum application it is Administratively Closed. What can I do regarding this? I was told to pay for a Motion or reapply, both options are expensive and I’m afraid to have it denied again.

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Ali March 3, 2017 at 4:22 pm

I couldn’t understand your case situation if it is Administratively Closed or not. You are saying “It was denied based on a pending i-485 application”. It means all pending asylum applications will be denied according to your sayings. Could you explain more?

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Jason Dzubow March 3, 2017 at 5:07 pm

It sounds like your situation is different. You have a very limited period to file an appeal (30 days from the date on the denial letter), so if you want to pursue that, you probably have to do it very soon. Appeals of EADs tend to be a waste of money, and if possible, I recommend you consult with a lawyer to figure out why it was denied and what you should do. Take care, Jason

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Jason Dzubow March 16, 2017 at 6:09 am

You should try again with the DMV. The 180 day extension is new, and you may need to educate the DMV about it. Here is a website that might help: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension. Take care, Jason

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Jason Dzubow March 19, 2017 at 10:31 am

For minors, we usually have the parent sign for the child and then put the parent’s initials next to the signature. That has worked fine in our cases. For minors who are old enough to sign for themselves, we often just have them sign. Take care, Jason

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Jason Dzubow March 19, 2017 at 10:40 am

If your children are in the US, they can go to school up through high school. They will probably need a work permit to attend university, but it depends on the school and the state. But if your question is, Will an asylum application allow my children to come from overseas to the US to attend school while the asylum case is pending, the answer is no. They would have to apply for a visa like anyone else. Or if you win your case, they should be able to travel to the US to join you (assuming they were under 21 and unmarried when you filed for asylum). Take care, Jason

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