The new Administration has raised anxieties in immigrant and asylum seeker communities. In part, this is because of President Trump’s rhetoric (and rhetorical style) during the election. And in part, it’s because we just don’t know what to expect from a Trump Administration. Rumors have been flying: Will there be some sort of Muslim ban? Will the President repeal DACA? Or will he (and Congress) create a permanent legalization for DACA recipients? Mr. Trump will be issuing some executive orders later today banning Syrian and other refugees from coming to the U.S., and restricting visas for people from certain Middle Eastern countries. How this will all play out, we shall see.
But amidst the uncertainty, there is some good news related to work permits—or Employment Authorization Documents (“EADs”)—for asylum seekers.
First, last fall, the government started issuing two-year EADs instead of one-year EADs to people with pending asylum cases. This was a helpful development. It saves money since applicants now only have to apply for a new card every other year. It also makes it easier to obtain and retain employment, since employers feel more confident hiring people who have a longer period of authorized employment. In addition, many states issue driver’s licenses that correspond to the dates on the EAD, so a two-year card means a two-year license. All this helps ease the wait for people seeking asylum.
Second, last week the government issued new (and long anticipated) regulations “to help prevent gaps in employment authorization”:
DHS is providing for the automatic extension of expiring EADs (and underlying employment authorization, if applicable) for up to 180 days with respect to individuals who are seeking renewal of their EADs (and, if applicable, employment authorization) based on the same employment authorization categories under which they were granted.
This means that when you file to renew your EAD, your card will be automatically extended for 180 days once you receive the receipt (it usually takes three or four weeks to get the receipt). This is an important development, since USCIS has been taking months to process EAD renewals, and people were losing their jobs and driver’s licenses while they waited for their new EADs.
The automatic EAD extensions apply to refugees, people with asylum, and people who have pending asylum or withholding of removal cases, among others. You can see the new regulations here (see page 82491, the second to last page of the PDF) and here (page 82455, footnote 98, which lists the categories of people eligible for the automatic EAD extension).
Also, remember that you can apply for a new EAD up to 120 days before the old card expires. Even with the most recent change, it is still a good idea to apply early for your new card, so you receive the replacement EAD as soon as possible.
And here’s one last tip for today. If you cannot afford to pay for the new EAD (fees recently went up), you can request a fee waiver from USCIS, which—if granted—allows you to obtain a new EAD without paying the fee. To apply for a fee waiver, use form I-912, available here.
I have written many times about the affirmative asylum backlog. It has been a real disaster for asylum seekers—especially those separated from their family members. The recent changes to the EAD process, during the waning days of the Obama Administration, have at least made one aspect of the wait easier, and for that, we can be thankful.
[Update 03/27/17: USCIS has published a helpful summary of the categories eligible for the automatic extension here. They also created a useful Fact Sheet, available here.]
Hi Jazon,
Allow me to congrat you like this:You’re the right person in the right place. Thank you for your helps to a thousands of people that you’re helping everyday without exception.
My status has changed in “New Card Is Being Produced”.
I want to know, how long can I expect to receive my new card?
Thank you!
It is not as fast as you might expect, but most people get the new card in 2 or 3 weeks. Take care, Jason
I live in New York; I took this receipt to dmv, asked to update my driver’s license, but they did not agree to update my driver’s license, what should i do? I told them, in accordance with the receipt, my EDA card automatically delayed 180 days;
Talk to a supervisor. Also, the above article contains links to government websites that explain about the automatic extension. Maybe you can print the relevant pages and bring it to the DMV. Good luck, Jason
Iam in asylum status been around for 2 years and have a girl friend back home waiting for me .Is there any way I can bring her in usa.we are not married.Its so difficult situation at the moment.plz help.
Unless you are legally married, and you have a green card or US citizenship, you cannot bring her here. She can try to find her own way here (student visa, visitor visa, work visa, etc.), but that is about it. You can get a Refugee Travel Document (form I-131, available at http://www.uscis.gov) and go meet her (and maybe marry her) in a third country. Take care, Jason
Hi,
Thank you for your professional response here .. my question is:
I’m still waiting for my renewal EAD and I have the receipt with extention period of 180 day.
I got a job offer and I have to fill I-9 form .. shall I write the expiration date on the old EAD card in I9 form OR shall I add 180 to the expiration date and write the new date.
Please advise as I don’t want to lose that job offer.
Thank you in advance.
I don’t know much about the I-9 form. Your EAD has been extended by the letter for 180 days, so that is now the expiration date of your EAD. So if question asks, When does your work authorization expire?, then the EAD date + 180 days is the answer. If the question asks about the expiration date on your most recent EAD card, than you would need to list the date on the card and probably explain to the employer about the extension. Take care, Jason
Hey Jason! Today is exactly 132 days that we are still waiting for our first EAD. (My husband and me). Still case was received. I try 2 SR and I got one standard answer. Case in line to be reviewed. I even talk to a 2 level officer but it didn’t help. I have an infopass appointment in 3 days. What shoul I do to get my EAD? I am so desperate. Need help
See what they say at the Info Pass and ask for a supervisor if necessary. If that fails to help, you can also contact the USCIS Ombudsman – a link is at right. They help with delayed cases, but they are not all that fast. Anyway, they are free, and so if the Info Pass does not help, you can try the Ombudsman. Good luck, Jason
Thank you for your reply
Hi jason, I just got my receipt notice today after submitting I-765, tell me is that possible to be checking the status online or it still early ??? Kind regards,
You should be able to check the status of the I-765 at http://www.uscis.gov. Take care, Jason
Hi every one,
Initial EAD on day 103, Nebraska office and ” case was received. ”
Please share your waiting time and office.
Thanks
I don’t understand you
Sorry Kerry if it was not clear.
My case for initial EAD has been pending in Nebraska office for 103 days. Is any body else suffering the same fate?
Thanks
Hello , please help me , my EAD is expired about 15 days ago I am in asylum case my case was denied by immigration officer and I was referred to court but didn’t get any date for it still waiting it has been almost 2years , in this case could I renew my EAD ? mine already expired .
If your case was referred to Immigration Court, you can renew your EAD as before. And you can keep renewing until the court case (and any appeal to the BIA) is finished. Take care, Jason
Thank you .
Hi Jason, I submitted my I-765 last week Wednesday 16 august , after how long will I get the receipt notice . Thanks
Most people get the receipt in 3 or 4 weeks. Take care, Jason
Hi !! Me and my husband both applied for EAD renewal on June 22nd 2017 but my lawyer assistant forgot to send money Order with that application and USCIS sent that application with denial notice , we applied again and I got my receipt on august 9th 2017 as my husband is still waiting for his receipt , my question is how long wait time for EAD renewal and is that gonna be for 2 years
The EAD should be valid for 2 years. We are seeing renewals take 2 to 4 months for most people. Also, you should both get an automatic extension of the old EAD for 180 days. The above article has some links to the law if you need it. Take care, Jason
Hi Jason!!! Thanks for reply, I have one more question my husband driving license is also going to expire on same date as his EAD is going to expire , can he renew his driving license on receipt base as it’s says valid for 180 days for work .
He should be able to renew the license with the 180-day extension, but each state is different and so he will have to check with the DMV. Take care, Jason
Good morning my friend!!
I would like to know if there is any website that I can follow this process of my asylum. I ran all the internet and on the immigration website, with the number that I have on the asylum application receipt, I could not find the progress. My receipt number starts with ZAR … Thank you.
You cannot check your asylum status on-line. The best you can do is check the Asylum Office Scheduling Bulletin, which gives a very rough idea about when your interview might be (a link is at right). Take care, Jason
My status change to New Card In Production. How long does it take to get my EAD and will the validity be for 2yrs. Thanks sir, I need your reply sir.
REPLY
Congrats only few days. Mine took 5days.
It’s been 4 months since i applied and i am still
Waiting for my second EDA. Dose anybody have such an experience?? Any suggestion Jason?? I left an enquiry and the respond is waiting list! !!!!
Four months is getting a bit long – you can call USCIS and inquire, or make an Info Pass appointment to ask about your EAD. You can find the phone number and/or make an appointment at http://www.uscis.gov. If that does not help, try the USCIS Ombudsman – a link is at right. Take care, Jason
I do not know how long it will take, but probably less than a month. You should get a 2-year card. Take care, Jason
Hi Jason , thank you because this website is truly helping , today is my 153 days can I submit my I-765 application form to uscis ???? Thanks
If it is 150+ days after your asylum application was received (the date it was received is on your receipt), then it is time to apply for the EAD. Take care, Jason
My status change to New Card In Production. How long does it take to get my EAD and will the validity be for 2yrs. Thanks sir
I do not know how long it will take, but probably less than a month. You should get a 2-year card. Take care, Jason
Hi Jason,
I am on a pending asylee status and waiting for my renewed EAD which I applied on May 15th 2017, my driver’s licence has also been expired and I went to DMV to renew it which got denied though I showed them the EAD receipt that I received from USCIS , also I went to the USCIS office for the same issue but they refused any help , please suggest the way forward !! Many Thanks !!
I think you have to wait for the EAD to extend your license, but different states have different rules, so I do not know for sure. Take care, Jason
Hi there,
Thank you for your wonderful info regarding the asylum. I have applied for asylum, and I live in Kentucky. I was wondering when is the best time to apply for my work permit. Is it after 150 days so that I get it by 180 days, or do I need to apply after 120 days passed from my Asylum Application? I think, different rules apply to different states. Also, A friend of mine told me that the first work permit is free to apply, is that right?
Thank you!
Sana
The rules are the same in all states. You can apply 150 days after your asylum case was received, and it takes an additional 2 to 4 months (in most cases) to get the work permit. If you apply before 150 days, the application will likely be rejected. The first work permit for asylum-pending people is free. Take care, Jason
Hello Jason,
Thank you so much for responding. I sure will do so 🙂
Hi Jason,
I have two dates on my driving license which was issued from NY
The Top one is the temporary visitor status expires on 8/11/2017
And the other date is the date of the license expiry is 9/26/2018.
I did not get my new EAD yet, so I can’t go to the dmv to renew my license.
My question is: can I drive with this license until I get the new EAD to renew my license or the license now is considered expired and it is illegal to use it?
Thank you
I do not know about driver’s licenses in NY, sorry, Jason
Hi Jason,
I’m a pending asylee since December 2016. Can I renew my passport in case I was asked for any other form of identification inside the USA beside my DL? I’m also hopping if I can go visit my siblings, who are in another safe country that is not my home country, which I fear going back to, especially that the safe country does not accept advanced parole document or travel document as a substitute for passport? I know that as asylum seeker, I can only travel by advanced parole or travel document from USA.
Thanks.
As an asylum seeker, you can only get Advance Parole, which is not a travel document – it is just permission to re-enter the US if you leave(form I-131, available at http://www.uscis.gov). If you renew your passport, it could harm you case. The asylum officer certainly might want to know why you renewed a passport for a country where you fear persecution. This is less of a problem if you fear terrorists and more of a problem of you fear your home government. Take care, Jason
Hi Jason,
I am following your blog from so long and its really helpful.
I have some query me and my husband applied for EAD on April 18th.My husband is the main applicant and I am dependent but last month I receive my EAD and my husband status shows “Name was update”.
We file an SR also they replied that” U.S. Citizenship and Immigration Services (USCIS) records show your case is in line to be reviewed by an officer. We ask that you allow additional time for this process to take place since we process these cases in the order received. If after 60 days you have not received anything in the mail, please contact the National Customer Service Center (NCSC) at the number provided below.” Is that means that we have to wait 60 more that because its already 115 days.
Thanks and take care
Kany
That is annoying – the delay may be related to his name or some other aspect of the background check. I suppose you can wait another 60 days. You could also call or go in-person to inquire about the EAD. You can find the phone number or make an Info Pass appointment at http://www.uscis.gov. Take care, Jason
Hello
Thank you for your efforts keeping refugees and asylum seekers informed. As an asylum applicant I am so happy to hear about the new cards valid for 2 years.
I have a question that might be off-topic, but as an applicant seeking employment, I frequently encounter jobs asking whether you are a citizen, a permanent resident, a refugee or an asylee. My question is about the term “asylee,” whether it applies to people with pending asylum applications.
Thank you again for your efforts maintaining this great website
“Asylee” is a person who is granted asylum. Your only status is asylum pending, which is not really a status (unless you have another visa that is still valid – such as an F-1 or H1b). Take care, Jason
Hello Jason,
Today I got notification that “new card is being produced”
May i go to social security office and request social security number or I have to wait until I get this EAD card?
Thank you
I think you need to wait for the EAD card. I suppose you can try to go to the SS office and see what happens, but I think it will be a waste of time unless you actually have the card. Take care, Jason
Hi Jason, do I lose my work permit if i fail to pass my first asylum interview? Also, do you think that having an Spanish father that can help me get an European residence will be a problem in my interview? I don’t want to live in Spain. Thank you in advance
If you are denied and sent to court, you keep your work permit. If you have some other lawful status besides asylum pending (like F-1 student) and your case is denied, you will lose your work permit and continue here in your other status. They may ask you about your father’s citizenship. However, unless you are a citizen or resident of Spain, it should not block you from asylum (at least under current law related to “firm resettlement” in a third country). The key is whether you have been resettled in that country, not whether you might be able to go there and claim citizenship. Take care, Jason
You can check the work permit how long usually valid using given below link,
[removed by editor – we do not allow links to law firms where we do not know about the quality of that firm]
Hi Jason. I have applied for my EAD on june 18. After one month USCIS sent me a letter that sent your passport or any other document clearly shows your picture and biographic information. I have sent my passport copy to USCIS on july 23. As i m on assylum case and i still not recieved my biometrics. On query my friend told me that the biometrics are not necessary now for assylum cases. Jason can u plz guide me in how much time i will get my EAD?
We are seeing EADs take 2 to 4 months, so you are still within that range. If you have not received an appointment for biometrics, I do recommend you email your local asylum office to ask about that. Most people are still getting appointments, and I think you should get one. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi, Jason, I appreciate your expertise in this,
I have filed for on April 14, EAD on a pending Asylum case, my case has been administratively closed, after about a 102 days I sent an inquiry, got replied that my case is in line for review by an officer I should allow 60 days additional time for the case to be processed, after which I can call to find out in case they have not sent any response, how long should I wait again, 30 days gone already, I am left with 30 more days… any idea as to why it is taking this long?
I do not know why it is taking so long. You may want to make an info pass appointment (at http://www.uscis.gov) and go see them in person to ask. Sometimes, this is more effective than calling or inquiring on-line. Also, you may want to contact the USCIS Ombudsman – a link is at right. They can sometimes help with delayed EADs. Take care, Jason
Hello Jason,
Thank you for your help on this site. I applied for EAD card based on asylum and my case was received on May 12. Since then it’s almost 3months I have not heard anything from them. My status on uscis site says “case received”. Normally I think people get at least a decision within 30days or ask for more evident. But I have not heard a thing. I was previously on f1 visa before I filed for asylum and had a ead card for OPT. do you think this is why my case is delaying or something.
Thanks for your help.
We are seeing EADs take up to 4 months, so I think your situation is not so unusual. If you are concerned, you can call USCIS and inquire. You can find their phone number at http://www.uscis.gov. Take care, Jason
My application received on May 10 and I am still waiting for EAD. Nebraska office.
hi jason , im an asylum pending as on 3/17/2017 according to uscis and my 150 days will be on this 13th august so within few days therefore i would like to know when can i submit my i-765 application in order to get my ead card. thanks jason
You can submit the I-765 after the 150th day. These days, EADs are taking 2 to 4 months, in general. Take care, Jason
Hello everyone! Thank you so much Jason for your helpful post.
I have been waiting for my EAD for 112 days now. Contacted my lawyer one month ago and she told me that she will contact the uscis. After that I did not hear about my lawyer neither about uscis. I raised a Service Resquest on July 28th and they answer me on July 31st.” Your case is in line to be reviewed by an officer. 1) Did anyone experienced that? If yes how long may it take again?
2) they also told me that the address I provided on my request does not match with the one they have. But I am sure I did not make a mistake in the address. I wonder if it’s because i did not use my lawyer address because everything going to her office.
I’m afraid that I messed up with my request and it could cause more delay. What should I do?
I doubt this will cause more delay. If they have an issue with the address, they should send you a request for more evidence. We see EADs taking up to four months, so you may get it soon. You might want to make an Info Pas appointment at http://www.uscis.gov to go in person to ask about your EAD, and maybe someone there can clarify the issue with your address. Take care, Jason
Thank you
Hello Jason……
My queston is……My husband recieved his EAD and since has been trying to get his DL. There seems to be a problem with a C 08 classification on the EAD that the DMV will not allow him to take the permit test…..what does this C 08 classification mean and why does he not have the right to apply for his license with this classification? Thank you.
c-08 means asylum pending. He should be eligible for a DL – maybe he also needs his asylum receipt, his passport, and his I-94. Check the DMV website or ask them about this. We have many clients who get the DL using their EAD, but it may vary from state to state. Take care, Jason
Hi Sir,
I have applied for my EAD renewal with fee waiver. I got the receipt of fee waiver acceptance on May 16th, 2017. I did not receive my EAD card yet. I called uscis twice and place inquiries but got nothing.
My question is: am I eligible for the 180 days automatic extension or not because I applied for fee waiver. My EAD receipt did not mention anything about the 180 days extension, just said the they accepted the to waive the fee.
Thank you so much
I have never heard that a person with a fee waiver is ineligible for the 180-day extension, so I think you should qualify for that. The post above has some links to US government websites that explain the extension (if you need it for an employer). Normally, EAD renewals seem to take 2 to 4 months, so I think you are still within the normal processing range. Take care, Jason
Hi Jason,
I have applied for EAD document on 23 june and now its july so its about more than a month but i am not able to receive any acknowledgement letter. Please suggest me what will be the next step i need to take.
EADs take 2 to 4 months, but you should receive the receipt after 3or 4 weeks. If not, and if you paid for this EAD by check, you can get a copy of the check from your bank and it will have your receipt number on it, which you can check on-line. If you did not have to pay for the EAD, then you can try calling USCIS using your name and Alien number and maybe they can tell you whether the application for EAD was received. The phone number is on their website http://www.uscis.gov. Take care, Jason
Hello, I’m in doubt, I’m originally from Brazil, I joined the application for asylum in June. I was cheated by a person who passed as a lawyer, charged me $ 8,000 to fill out the form I-589. I just went to take science of the facts when my immigration process came back, I had to redo it myself.
I am practically without a lawyer in this process, I am aware that I will need to take a lawyer with me on the day of my immigration interview. I need to work to keep expenses from home and my family, how can I get a temporary work permit? Can you help me please.
First, you should try to get your money back – Talk to a new lawyer about that. You can also report fraud here: https://www.uscis.gov/avoid-scams/report-scams. As for the work permit, once you have your asylum receipt, you have to wait 150 days and then you can file for a work permit using form I-765, available at http://www.uscis.gov. Take care, Jason
Thank you very much for your response and for this wonderful website.
I have another question, please.
My driver’s license will expire in August, remembering that I am still in the asylum process, it is still recent, I received my receipt from the applicant now in July, how can I renew my residence permit and be in this situation ?
In most places, it seems a person cannot get a DL unless they have the work permit. The asylum receipt is not enough. You can try to renew it without the EAD, but I think this will be difficult. Take care, Jason
Andre Silva,
I had the same issue with my driving license. Well the DMV, told me to wait for the letter which we get from the USCIS office regarding the interview. Take that letter with your passport, Social Security card, and a prove of address to the office where you can get your blue letter, and then you will be able to update your DL.
If you did not get a blue letter, or anything and your DL is nearly expiring for more than a year, I was suggested to go to the USCIS office, and ask them for a letter regarding updating my DL. The office knows the process. At least this is applicable in Kentucky, I have no clue what state are you at? Different rules apply to different states. I would suggest you go to the DMV office near your area and ask for the more info. They will guide you appropriately.
Thanks,
🙂
Muito obrigado Sana, irei na proxima sexta buscar informaçoes!
Hi Jason,
I really appreciate your the article and you trying to explain. I applied to renew my work permit early May and my driver license is expired and I couldn’t renew it since i don’t have a proof of valid legal presence. I received the receipt already and I’m looking for an official law in the USCIS website to show them my work permit is still valid.
Hi Marwan,
I’m having the same issue. My driver licence is expired and I applied for EAD so I can renew my license since I can not renew is using my expired passport. When did you apply for EAD, in your experience how much it takes to get it in hand?
By the way if you explain to the DMV that you are waiting for immigration documents they might be able to give you a temporary extension for your license.
I applied on May 4th and I went to the DMV and they refused to renew my Driver license.
At the bottom of the above-article are some links to government websites that explain this. Also, there is a link in the main article to the Code of Federal Regulations. You can print some of those and bring them to the DMV, an hopefully, they will accept them. Remember, this only works if you had an asylum pending EAD and you are applying for a new EAD in that same category, but if so, it should work. Take care, Jason
Hello can asylum ead can be called as GC-EAD.
I never heard of that. A person with a green card (GC) does not need an EAD, since the GC itself is evidence that the person can work legally in the US. Take care, Jason
Hello Jason,
I’m waiting for my EAD card 64 days, I called to UCSIS twice, they gave me confirmation number but on site when I check my status there is written like that :
Next Steps
Next upcoming event
If we accept your case, you will receive a receipt notice. If we reject your case, we will send you an explanation with instructions.
List Bullet
As of June 15, 2017, your Other – Tier 1, referral number …………., is currently not assigned for processing.
List Bullet
As of July 18, 2017, your inquiry about the status of your Employment Authorization application, referral number …….., is currently not assigned for processing.
What can I do? Make an appointment and go to office or wait for it?
In my experience, it takes 2 to 4 months to get the EAD, so you can just wait and see what happens. I suppose if you want to go to ask about the EAD, you can, though I doubt that will help. Anyway, there is no harm in asking. Take care, Jason
Hi Jason . I got my EAD card today.. thanks for ur responses.. pls I want to know if I can apply for social security card with another address other than the address on my pending assylum case.Waiting for ur response. Thanks
I think you probably could, but this could cause problems for your asylum case if the asylum office knows about it – it may be something you need to explain later. Take care, Jason
How long did you have to wait before getting your EAD. I’m waiting more than 100 days now
Hi Jason. Thank for your help to everyone. I applied for asylum on December 2015, and I don’t have a decision yet. I married last April and I added my wife to my pending asylum. My question is. After I add her in my case. When can she apply to Work permission? Thanks
She should be eligible for the work permit at the same time your are eligible, so in your case, she should be eligible now. Take care, Jason
Hi Jason,
I need your advice please. I’m based in Florida. I applied for asylum in Sept 2014. However, I’m still in valid J-1 visa ever since. I did not renew my passport throughout this period. Recently, I tried to renew my driver licence, however they did not issue my a renewal because my passport is expired. Now I either have renew my passport (which I heard is not advisable since I applied for asylum) or apply for EAD card which is acceptable from of identification by the DMV. This will be my first time applying for EAD. How long would it take to get it in mail?
My current driver licence will expire in 30 days.
I appreciate your response,
Best,
Ben
The first EAD normally takes 2 to 4 months. It is better to not renew the passport, especially if you are fearful of your government (as opposed to a terrorist group in your country that the government cannot control). Take care, Jason
Hi Jason,
Thanks for your helpful guidance.
My asylum is pending and I just highly needed your advice if there is a need for Social Security if USCIS has sent EAD for my employment.
Thanks,
J
Once you have the EAD, you can get the SS card – you need both to be hired legally in the US. Take care, Jason
Hi Jason,
Hope you are fine. Please advise How can I get a SSN after obtaining my EAD? Thanks a lot.
Contact the local Social Security office – you should be able to Google “Social Security” and find it. Take care, Jason
Appreciate for your consistent support and reliable response for asylum community.
Thanks,
J
Hello Jason,
Very quick question….
I’m the EAD instructions form, there’s a little paragraph that says something about an interim EAD granted to people with pending asylum applications. It says that if you file for an EAD and receive no response in 30 days, you can request an interim EAD at a USCIS office…
Tell me, how much of this is true? And, why doesn’t anyone ever talk about this?
Can you please explain a little bit about this interim EAD?
Thanks a lot!!!
My understanding is that this was true at one time, but is no longer available now. I suppose you could call USCIS and ask about this to be sure. You can find their phone number at http://www.uscis.gov. Take care, Jason
Hi Jason,thanks for your raising hope answers to so many questions you are being asked always,you are really appreciated .
My asylum application is already 150days,in between I had done everything necessary (finger print & biometric )then I waited few days after it hits150days to apply for EAD,of which I applied for EAD and I received mail that acknowledge receipt of my EAD application stating that it’s in procees……it’s 1month today, Pls how long does it take or will it take for EAD to come out.
Thanks a bunch and remain blessed.
We are seeing EADs take 2 to 4 months. These days, most seem to take closer to 4 months, but if you have the receipt, you should be fine and hopefully it will come quickly. Take care, Jason
Hi Jason,
i have applied for renewal of my EAD and received acceptance from USCIS on 20th march 2017. it has been almost 4 months and i have still not received my new EAD. Is it normal to take so long. i have applied in the Nebraska office.
It is getting to be a bit long. Maybe call USCIS and inquire about the case. You can find their phone number at http://www.uscis.gov. Take care, Jason
hi jason,
First of all thank you for taking the time to answer our questions. second of all i wanted to say that iam an asylum applicant and i have applied for asylum on Feb 2017 and now the waiting of 150 days is done so i conatcted my lawyer in order to apply for a work permit and i knew from him that my wife cannot apply for a work permit also knowing that when we filed the asylum application we did as a family and that my wife and my child are included in the application and now the lawyer is saying if i want to apply for a work permit for my wife she has first to file an asylum application on her own and to wait another 150 days in order to be able to file for a work permit is that right? or its cause he wants me to pay again for the asylum application ?
The lawyer is wrong. If your wife was included in your case originally (meaning you included an additional page 9 of the form I-589 signed by her with her photo), then she can apply for a work permit the same as you. If she was not included in your case, and you wanted to include her, then the lawyer screwed this up. Either way, you can add her now to your case and she can get an EAD without waiting 150 days. To add her to your case, contact the asylum office and they will tell you what to do. You can find their contact info if you follow the link at right called Asylum Office Locator. Of course, if she has her own independent claim for asylum and she wants to do her own case, she can try that too, but normally a married couple files one case together. Take care, Jason
Hi jason
This is soumen here , i was looking for some questain answer ,for my asylum case , and i found you very helpful here , please help me with your answer.
recently i have complited the asylum interview , and they said come back after 14 days to pick up your decesion , i have a lawyer in my case ,but days ago she said ,you dont need to go to pick up the decesion ,they will mail it to me ,i dont understand the meanings of that ,now im confuse that do i go to pick up my decesion to the asylum office or not,
im sure i will not be granted asylum , so if i get denyed ,what should i do next ,im asking you because ,im not able pay more money to the lawyer.my financial condition is not good ,
please help me with your sujestion .
i will be very much greatful to you
Thank you and god bless you
It is common for the asylum office to call the lawyer and say that a decision will not be ready for pick up, and that they will mail it (when they mail it, normally they send it to the asylum applicant and to the lawyer). If you do not trust your lawyer, you can just go to the pick up and see whether there is a decision, or you can email the asylum office to confirm that it will be a mail out decision. You can find their contact info if you follow the link at right called Asylum Office Locator. If the case goes to court, maybe you can find a free lawyer – I wrote about that on September 22, 2016, and maybe you can use the links in that post to find a free lawyer. Take care, Jason
Sir,
I went to US on J 1 visa back in may 2015 and I got a chance to get married with a US citizen there,she lives in canneticut state and I was in Colorado somehow she came there and we took oath in court and our marriage Got registered,for the past 2 years she had to invite me but she didn’t and I was on a one month exchange program visa I came back to Pakistan.she got injured and jobless and she had no money she lied to me and was not able to sponsor me,I waited for her but she did nothing for me.now as I can’t go there at my own,I have to marry here and she called me today and said you can’t marry there in Pakistan,until or unless you get divorce from me,she don’t have money and she is asking me to give her money which I don’t want to coz she will eat burgers I know,according to Pakistani law I have to marry here as per Islamic law and she is threatening me that you can’t get married there,so I am confused and upset kindly answer me if I get marry here I. Pakistan,what will be the effects ,as that was a paper marriage
Regards
Malik
I can only assist with asylum cases here, sorry. However, you can probably talk to a divorce lawyer in Pakistan and take care of this. There is no need to send her any money. Take care, Jason
Hi Jason,
I read almost all your posts since 2013, ur articles and responses are timely and very helpful. I had an affirmative case ( asylum seeker) for 4 years and one month. Fortunately, I got approved in June 2017.
But before I got my paper I was waiting for my work permit ( that I applied before March and the USCIS send me a letter saying Form I-765 is denied because I granted asylum. But last week they send me a work permit because of my asylum approval. So can I get a refund for the one that applied before I granted for asylum?
Thank you
Good question. I have a feeling that this will be very difficult. The best bet is to call USCIS or make an info pass appointment (at http://www.uscis.gov) and ask them if it is possible to get a refund. If you have any luck, let us know. Thank you, Jason
Hiii, I applied my paper to renew the EAD card after 20 days of the expiration date. Do you think this will affect my application or the time processing ?
I do not think it will affect the processing time (usually 2 to 4 months), but I do not know whether you wild get the automatic 180-day extension. I think you will, but I am not sure. If you get the receipt and it tell you whether your old EAD is extended for 180 days, please let us know. Thank you, Jason
Hi Jason,
Thank you so much for your very useful response. It provided much clarity that I needed at this time of severe frustration. Yes, it was final denial which happened after NOID response within the 16 days. My lawyer still thinks the case can be appealed in court if my spouse goes out of status but I am not hopeful at all. No, I don’t have any other work documents. Thats why, I did not understand the presumptive statement made in the denial letter.
The asylum officer that I got was very new and struggled to understand the basics of my case and situation. We fervently hoped that even if the officer was new and lacked empathy and basic understanding of the case, there would be strict and strong supervision from above but there seemed to be none. I truly wonder as to how such new recruits with no sense of understanding and empathy could be given such unlimited power to determine our lives and status in the US. Had the officer waited to give the denial decision before my EAD arrives, I would have at least had the opportunity to legally work and make positive contribution for at least two more years. But this was not to be.
Anyways, the whole asylum process for me has been one wild roller-coaster ride in the dark with uncertainties galore and dearth of information in every step of the way. My asylum journey has come to an end. But I must reiterate that your blog and your noble work in shedding light on many confusions, nuances and layers of this complicated asylum system and process for the asylum seekers will never be forgotten. You have my heartfelt appreciation for all that you do and you do a very good job of it!
Thanks again and take care,
A.
I appreciate your comments – Thank you. I think your case will not go to court; it is done. If the EAD crosses in the mail, you may still get it. If you want, you can apply again (I am sure that thought is not appealing to you). You will be eligible for the EAD after 150 days, and eventually you will get an interview. Since you were already denied, you likely will be denied again, but if you are out-of-status at that point, you will then get referred to court where you can try again. I have found most asylum officers to be pretty good – but certainly not all, and many are inexperienced, as most people do not stay very long in those jobs, which is too bad. Good luck, Jason
Immense thanks for your kind response which I find very useful, comforting and clear. You definitely restore our faith in humanity and the system. I salute you for your very noble work and wish you good health and loads of happiness in your life. Thank you so much and take good care.
Hi Jason,
I have been following your blog for a long time and it has helped me a lot. Actually, the information that you provide and the responses that you give to innumerable queries from asylum seekers are much more helpful than what we get from our own lawyers. Thank you.
I am on a dependent visa and received denial on my asylum application. After the asylum interview, I filed for renewal of my employment authorization and received a receipt notice saying that the application was received and the processing would take place. Till now, I did not receive the EAD card and I received the denial decision before the EAD. Does this mean my EAD (even if it arrives later with two-year validity) is now considered nullified because of the denial? My denial letter says “You may be otherwise eligible for employment authorization based on your valid immigrant, nonimmigrant, parole or temporary protected status”. What does the above statement mean? Is there anything I can do to get my employment authorization on track? When can I appeal in Immigration Court?
Thank you so much. I am worried sick with my situation as I don’t have the asylum as well as employment authorization.
It depends what you mean by “denial”. If the case was denied by the asylum office and referred to court, you will get your EAD. In that case, your denial letter (called a “referral”) will contain a Notice to Appear, indicating that you have to go to court. If the case was denied and not referred to court (meaning you first got a Notice of Intent to Deny, you responded within 16 days, and you got a Denial letter), then your case is done and you will not get an EAD (or if you do get it, it will be invalided). If you have a final denial, you can still work if you have some other type of work document, like an H1b visa or TPS. Take care, Jason
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