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.
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.
hi , mr jackson
received a pd/closed from a judge in 2014 , but before , i got my work permit card when i filed my cancelation of reportation . after , my case administration close , i renewed my ead card 2014 / 2015 / 2016 , but 2017 , usciss ,requested a evidence fro my i-765 , and i sent my judge inmigracion’s file , yeterday , i received a letter from ucsiss that they denied , my i – 765 aplication . they said that i can fill i-290b.
what i can do / , i have any option to renew my ead card or not.
I do not know the reason for the denial, but this type of problem seems to be more common now than it was in past years. Before you file the I-290B (and pay the expensive fee), you should talk to a lawyer. The 290B is often not the best approach – it depends on the situation. Also, you need to act quickly, as there is a limited time period (I think 30 days) to file the 290B, in case that is the best approach. Good luck, Jason
Hello Jason,my case was administratively closed under prosecutorial discretion and the judge granted my case when I went to my master court back in 2014 I do not have asylum but I renew my ead and they are asking for RFE for 42b stamped by court how do I get this form
I am not sure what that is, and I do not really understand what you mean when you say the judge granted your case. Maybe you could go to the court and ask for a copy of your file, but I think you need to talk to a lawyer to review the RFE and see exactly what USCIS is asking. Take care, Jason
Can I renew my EAD; had pending i-290B due to the denial of i-485 was denied?
Will appreciate your response.
Thank you
It would depend on the basis for the EAD. If it was only based on the pending I-485, then I think you cannot renew it, but I am not 100% sure – you might want to have a lawyer research that question. Take care, Jason
Hello Jason How are you doing?
If I get denied by an immigration judge, is it possible to reopen the case again and get change of status? Thank you
If you are denied by the judge, it is better to appeal (to keep the case alive) and then if you have an option to adjust status, you can try to remand the case from the appeals court (the BIA) back to the judge. If the case is over, you can try to reopen, but this can be quite difficult. Take care, Jason
I applied for EAD along with my 2 kids. Theirs have been approved and posted, but no news about mine. What to do
If they were approved a short time ago, I think there is no reason to worry, as different cases take different lengths of time (for no apparent reason). But if it has been a month or two, then something may be wrong. Contact USCIS and ask. You can find their phone number at http://www.uscis.gov. Take care, Jason
hi jason
my question is i apply asylum jan-2016 master hearing date in court and same time immigration judge administrative close my
case and i don’t get work permit because (my clock not running), so you think i’m gonna reopen my asylum case for i get work permit ,you think that’s good idea or not,
i talk to lawyer he say if you need work permit ,we gonna reopen your case ,
can you help me please jason
thanks
It really depends on what you want, what other relief you have available, and the strength of your asylum claim. I think you would need to go over all the specifics with a lawyer so you can make the best decision for you. Take care, Jason
I had someone got to the Chicago AO on my behalf. The person behind the window checked the case number on her screen and told him that the case was still open and there are no decisions on it yet. So it must have been a mistake.
But as this was not the actual asylum officer, I still have my doubts. Time will tell.
I received a bizarre termination notice from the Chicago asylum office. They claim that they sent me correspondence and their correspondence was undelivered and returned. Therefore, they said, they terminated my case since I failed to notify them of an address change and mentioned that they will send me an Order of Cause later.
Now I had not changed my address for nearly a year and in the meantime, received at least 2 notices from the AO (one notice was the interview notice, which I attended on the set date/time).
This tells me it’s either an error, or they’re simply tossing out cases with no regard for anything but their numbers and backlogs.
I have sent them a detailed motion to reopen the case with all the evidence that I had not changed my address. In the meantime, I expect I will not be able to renew my EAD later this year of the case continues to be terminated, but I will try to renew it regardless and report back.
If they are sending you to court, you will be able to renew. If they sent you an Order to Show Cause, that would be particularly strange, since they have not used that system in many years. Anyway, hopefully, they reopen given that it seems the error was theirs. Good luck, Jason
Hi Jason
I filed Asylum in mid 2016 and never applied EAD until Feb 2018 (meaning I waited well over 500 days). Instead of giving me an EAD receipt notice the office has sent me interview schedule directly. Is this unusual or abnormal ? Pls suggest. My interview is next month.
Maybe it is just a coincidence, as I do not think the I-765 is related in any way to the asylum office. Good luck with the interview, Jason
Hi Jason,i have asylum case and im going to administrativly close the case and apply for i -601a waiver once i get approved for i-130 petition,my question is can i renew my work authorization based on asylum along with i 601a even if my case is administrativly closed?
It depends on your case and if the judge will accept administrative closure. I do not know that this would be possible any more. I think you need to talk to a lawyer about the specifics of the case before you try all this. Take care, Jason
I filed in my asylum on 10th January 2018 but till now March 7th I haven’t received any confirmation that they received it. Is it right to send in another one just Incase they didn’t see the one I sent them?
You might try contacting the local asylum office to see whether they have it. You can find their contact info if you follow the link at right called Asylum Office Locator. If not, you will probably have to send a new application. If you do, make sure you explain that you previously sent an application (also, make sure you are sending it to the correct service center, as that varies depending on where you live). Finally, you can send a Freedom of Information Act request to try to get a copy of the first filing, so you have proof you filed. Use form G-639, available at http://www.uscis.gov. Take care, Jason
Hello;
i just got my EAD card but name and surname are wrong. i mean my name should be surname and my surname should be my name. they switch each other… so i will send it them back. i didn’t pay any fee first time. are they gonna charge me for this mistake? because i checked i filled up form wrong…
If it was their mistake, I think there is no fee, but if you made a mistake on the I-765, and that caused the error, you may have to pay. The instructions to the I-765 (available at http://www.uscis.gov) provide some guidance about correcting errors on the EAD (I think), so maybe take a look at that. Take care, Jason
Hello. I have one question! My asylum case is administrative terminated! I have EAD valid until November 2019, but my EAD was stolen, can I apply for replacement card?
If the asylum case was terminated, you probably cannot apply for an EAD. If the case was administratively closed with an immigration judge, you should be able to get a new EAD. If you are not sure, talk to a lawyer to see what you can do. Take care, Jason
Even for Replacement? My EAD is valid until November 2019?
If you are not eligible for an EAD because your case was terminated, you will not be able to replace the card, but I cannot understand from your posting whether or not that is your situation. Take care, Jason
Hello Jason and other asylums,
I have 2 questions, doubts. If a pending asylum applicant change the state before applying for initial EAD (before 150.day) does it mean that he/she must wait till 164.day to apply for EAD? Second is, will the change an address delay 180-day EAD clock or it wouldn’t (received notice of change address after couple of days)?
It used to be that if you moved and caused a “delay” in your case (because they transferred you to a different office), it would stop the clock and you would not get an EAD. Or maybe you would get it, but after the interview and you were set to court. They changed the rule a few years ago, so moving would have no effect. However, now they have changed the system to try to make interviews much sooner (as I wrote about a couple weeks ago). I do not know whether moving and changing offices under the new system will cause you to lose an opportunity for the EAD. However, given the short time frame for interviews (at least for many people), you would do well to file for asylum from an address where you plan to be for at least a few months. Then you will avoid this issue. Take care, Jason
Hello Jason please do you specialized on LGBT case too?
We do plenty of LGBT asylum cases, if that is what you mean. Take care, Jason
Hi Jason. Thank you for your wonderful platform. I applied asylum in 2015 in Chicago Office. No interview yet. I relocated to Oklahoma city and change address but did not receive the aknowlege letter then i went and change the address again but never receive a letter ftom them saying they changed my address. My second question. I added my daughter on the application who was 3 years then but never received her A # or biometric request for her. Now i want to apply ead for her for identification purposes and in order for her to have a ssn. Do i have to use my A# or? Please help. Thank you
You can email the Chicago office or your new local office (I guess Houston?) to make sure your case was moved. You can find their contact info if you follow the link at right called Asylum Office Locator. As for your daughter, if you did not receive any acknowledgment, she may not be added to the case. When you contact the asylum office, you should ask about that. I do not think she can get an EAD unless you have evidence that she was added to the case (like the fingerprint notice). Take care, Jason
Thank you Jason
Hi,
My friend’s asylum application is refereed to the court by the officer, and her EAD is expiring soon, is she eligible for renewal? Does refer to the court by officer change the status from pending to out-of-status ?
Thanks
If she has an EAD and is referred to court, she can renew the EAD as normal. I did not understand the second question. Take care, Jason
Hello! My I-485 case was administratively closed, because I have pending asylum application in court. I got approval of my I-130 in October 2017. I want to re-apply for I-485 once court close my removal case. My court date for my asylum case is scheduled for February, 26 2018. My lawyer sent motion to terminate my asylum case in court on January,20 2018. My question is about pending EAD application. We filed for EAD renewal on November,20 2017 based on my pending asylum case, would I be able to get this EAD even though we sent motion to terminate my removal case in court and judge might close my case. Thank you.
You should still be eligible for the EAD, but if the case is terminated before a decision from USCIS, then I am not so sure. But for now, you should have the automatic extension (I wrote about that on January 25, 2017). Also, when you pay for the I-485, you can file for an EAD based on that. Take care, Jason
Hi Mr. Jason,
I have a problem with my asylum file, I applied for asylum in March 2016 and I asked for a work permit a few days before 150 days of clorck and the request was refused, I had sent it again refused for the same reason I phoned 1-800-898-7180 told me that my clorck is 18 days, I went to the judge in November 2017 and I have another appointment at me from April. what do you think about it Mr Jason? thank you very much
It can be difficult to get the court to re-start the asylum clock, but they should do that once you appear for a hearing (as long as you do not cause additional delay at that hearing). You should have a lawyer for court, so ask the lawyer about the clock. You can also contact the court and try to ask the court administrator about the clock, but that may not be easy. You can find the court’s contact info if you follow the link at right called Immigration Court. Take care, Jason
Hi, my question is, I apply for the renewal of my EAD but I just realize that I didn’t type my middle name when I saw the receipt letter that I just got, you think it will be denied for that mistake?
I doubt it – if USCIS needs more info, they will send you a request for evidence and then you can respond. I suppose you could try to contact them and tell them about the error, but it would be easier to wait for them. Take care, Jason
Hello Jason ! Thanks to everything you do for us .
I did my interview in Dec 13 2016 and I received a paper from USCIS mentioned recommended for approval and they say in the same letter they have to do the background check . I applied for my EAD since June 2017 and now the sent me a notice that said my case is denied . I’m very confused about that .
Thanks
I do not know why that would be. You might want to show the notice to a lawyer who can read it and figure out what happened. Take care, Jason
Hi Jason,
I submitted EAD I-765 application for my dependent daughter 150 days after I submitted my asylum application. I did my interview three months ago. Yesterday, I received EAD denial. The notice letter says “Less than 180 days have elapsed on the clock used to calculate employment eligibility, and your clock is currently stopped”. What does this actually mean?
Thank you and may god bless you and your family for all the help you give to the people like myself.
Feng
That is a strange denial – I do not know why the clock was stopped, but maybe you can contact the local asylum office and ask about that, as it sounds like an error. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason, Thank you for your support by bringing out your time to help the poor people out of situation. Please I really need an advice on what to do on my case. I applied a defensive asylum on November 2015, because of lack of information on a particular case my former lawyer couldn’t be able to apply my work permit the time he supposed to apply it, which make me still struggling till today to survive without working permit, my question is I have a hand written I-94 with a parole documents , can it be good to Change to marriage status or to still wait and finish the asylum case and is there any way I can get my work permit maybe due to humanitarian reasons? And one more question, what will be the cause that when ever I called the asylum clock number it will not give me information regarding my individual hearing but it will only said that the ‘system can not relieve any message regarding to this case. Please what can i do? Thank you
If you are married to a US citizen, you may be eligible to get your GC that way, but it depends on the case, so you need to talk to a lawyer about that (in general, if you entered the US with a valid visa, you are probably eligible). As for the work permit, I do not know of a way to get it for humanitarian reasons. If you were paroled in, and the parole is stilt valid, that may be one way. Otherwise, you (or better – your lawyer) can try to contact the court and ask to start the asylum clock. Once the clock reaches 180 days, you are eligible for a work permit. To get info about your case, you will need to contact the court directly and talk to the clerk (I do not know why the 800-number does not work for all cases). You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
Hi Jason,
Six months ago, due to an address issue, USPS returned my EAD back to USCIS National Benefits Center as undeliverable. Since then, I have been submitting service requests and calling USCIS. Despite all of my effort, they keep putting me off 30-60 days more.
If I go to the National Benefits Center in person, is it possible to get my EAD from the office where my EAD is?
Thanks
Hasan Ali
I think there is no way to go there in person, but I am not sure. You could make an appointment with the local USCIS office at http://www.uscis.gov. Maybe they can help. Or maybe you should just apply for a new EAD. When the card is lost it creates a real mess. Probably they will send you a new card, but it is difficult to predict when. Good luck, Jason
Thank you so much, Jason.
After reading several posts that went through the same process, I decided that filing a new application is the best way and I did.
Best,
Hasan Ali
I am a Venezuelan who recently applied for asylum along with my wife. I am the principal applicant.
We applied for our EADs as soon as the 150 wait period was over.
My wife’s EAD is valid (as most) for 2 years, but mine was issued for only 1 year.
Has anyone else experienced this? Is this normal? Could it be a USCIS error?
Thanks in advance
That is strange – maybe it depends on what type of visa you used to enter the US (I do not recall that, but you never know), but it might also be an error. You can call USCIS or go in-person to ask. To find the phone number or make an appointment, go to http://www.uscis.gov. If you find out, please let us know. Thank you, Jason
Thank you very much Jason. USCIS customer service was unable to help but I will write a letter to them to see what happens.
ER
hi jason, i have been interviewd by an uscis officer on february 2017, and i havent gotten yet a decision, however i have applied for my new ead card which is now pending since more than 7 months, does this mean that i wont be in able to get my new ead till i get a decision about my assylum case, my last ead is already out of date and im really hopping to get a new one.
You should get the new EAD, but we are seeing long delays for renewals – mostly about 7 months, so you should (hopefully) get it soon. You can also contact the asylum office to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
thanks for your response, i already called USCIS a couple of days ago, they couldnt really help me much, all what they said was that its still under investigation ,a background check or something like that, i would like to know is it possible for me to assign my lawyer with my EAD case in order to get my new EAD sooner, would he be in able to make any difference ? since he is a lawyer !
You can try, but lawyers do not have any secret ways to make the cases faster (at least as far as I know). The lawyer can contact USCIS and can maybe try a liaison through one of the lawyer associations, but that is about it (aside from a mandamus lawsuit). Take care, Jason
Hey,
I have applied asylum in June 2017 and oct 2017 we have a fingerprint in CA.
Now as 150 days going over and I want to apply EAD. Just need one little confusion.. that after applying EAD.. we have to do fingerprint print once again?? Some one told me that I have to revisit immigration office to do fingerprint once again… But in website I have no where seen this. Can you please give your opinion.
Thanks,
This used to happen, but in the last few years, our clients who apply for an EAD based on pending asylum do not have a fingerprint appointment. Take care, Jason
Hi sir
Thanks for your great works
Please i just received a denial for my first EAD reason being that i filed less than 150 day. They asked me file a motion to reopen and reconsider.
kindly advice, do i refile a new i 765 as my application has been pending for 185 days now or the motion to reconsider.
following the previous comment I see people checking the status of their asylum using their alien number. I have tried it several times by dialing 800 898 7180 but they keep telling me my alien number is incorrect but my phone doesn’t permit me to add the letter A…FOLLOWED BY THE DIGITS.
Can you please help me to go about it, or is there any other method.
thanks
This is only for people in court. If you have a court case, you can check your case status. Only enter the numbers; do not enter the A. The first number is usually a 0 or a 2. Take care, Jason
Hi Jason,
I have an pending Asylum case and my application for work permit is denied because the 150 days are not going to arrived, do I normally have to send the $ 410 fees to USCIS?
thank you
If you filed too soon and now have to re-file, it is still the first application, and so you should not have to pay the fee. Though you do need to mention that you filed previously on the I-765 form, where it asks for that info. Take care, Jason
Hi Mr Jason
looking at your response to my previous comment I just realized I messed up while refiling for my ead. I clicked No to question 15 which states ‘ Have you ever applied before for employment authorization with USCIS.
what do I do, I just filed on 28 December, should i resent another application. am confuse and afraid that i might still wait in vain.
Kindly advice
thank you
Once you get the receipt, maybe you can send them a letter (with the receipt notice) explaining the error. You can also send a corrected version of the form. My guess is that this is not a big deal, but I would send the correction. However, you cannot do that until you have the receipt number. I think it would be a mistake to send a new application and then have two cases pending, as that might cause confusion and delay. Take care, Jason
Hello Jason
I have learned that the office has been denying reapplications due to clock denial as it should have been i290 application for motion. I have reapplied but now I don’t know of I made a mistake . Or should I and can I submit I 290 as well.
What is your experience with that?
Thank you
I do not understand your question. If you had an I-765 denied because the clock had not reach 180 days, it is very rare that the I-290 is the best thing to do. Usually, it is better to file a new I-765. But it depends on the case, and I do not know your situation, so talk to a lawyer about the specifics so you can decide what to do. And remember, if the I-290 is appropriate, you have only 30 days to file it and have USCIS receive it. Take care, Jason
thank you sir.
To refile form i765 will I have to include a copy of the denial.
thanks again
God richly bless you
You do not need a copy of the denial (though I suppose you could include that), but the form asks whether you applied previously and what was the result – you will need to explain about the previous application there. Take care, Jason
You should not file a motion to reopen – that is only if USCIS made a mistake. In your case, the EAD application was properly denied since you filed too soon. By now, I imagine that 150 days have passed, and so you can file a new I-765 (the EAD application). Make sure to note on the form that you previously filed and explain why it was denied. You should get it this time. Take care, Jason
Your website is very helpful and educational keep up the good knowledge you are passing on to the readers My question is can you renew your E A D if your case is Administratively Closed? (9)
If you have a pending asylum case and your court case is admin closed, you should be able to renew the EAD, as the asylum case is still technically pending. Take care, Jason
my case administratively closed already still i’m eligible to apply work permit ?
i never had work permit before ,
Hello Jason,
I have a pending asylum since April 2016, I had a schedule in court, I applied for work permit in September some days before 150 days clock and they denied my I-765, then I applied again in October 25, 2017 of more than 180 days they denied it for the same thing 150 days. What do you think I should do in this case? thanks.
Call 800-898-7180 and enter your Alien number. Press 2, and the computer will tell you how many days have passed on the clock. If more than 180 days have passed (or if more than 150 days have passed and the clock is not stopped), then you are eligible for a work permit. If there is no clock, or if it is stopped and less than 180 days have passed, probably you are not eligible. In that case, you may want to call the court directly and ask whether there is an asylum clock in your case. You can find their contact info if you follow the link at right called Immigration Court. Or, better yet, if you have a lawyer – which you should try to get for a court case – ask the lawyer to help you. Take care, Jason
If you have a pending asylum case and the case is admin closed, you may be eligible for a work permit. Call 800-898-7180 and enter your Alien number. Press 2, and the computer will tell you how many days have passed on the clock. If more than 180 days have passed (or if more than 150 days have passed and the clock is not stopped), then you are eligible for a work permit. If there is no clock, probably you are not eligible, though you may want to call the court directly and ask whether there is an asylum clock in your case. You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
I call on those number it’s say 0 days have left means ?
I’m eligible for EAD
Normally, it tells you how many days have “elapsed” (passed), and not how many days are remaining, so I am not sure what this means. You can contact the court directly to ask. You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
Hello Jason,
help me please,
I applied for asylum on April 6, 2017 but I applied for work permits some days before 150 days-clock my application was denied because I was doing it before 150 days and I filed a other application after more than 180 they received it October 25, 2017 I put a copy of the letter. Today, the application has been denied again.
in this case Mr Jason, what do you advise me to do? What do you think causes them to denied their applications? thanks
Normally, the rejection letter explains why the case is denied. If you cannot tell, talk to a lawyer to review it, as you do not want to be denied again. Take care, Jason
Hi Jason, I have an asylum case pending with the immigration court. I lodge my application at the court window and also a copy sent to uscis. My head clock was stoped after 68 days due to additional documents needed. I have now lodge a complete application about 40 days ago. But each time I tried to get the number of days that has elapse I only get zero days have passed since you file in your asylum application. Please advise if this has an effect for my asylum clock as am supposed to apply for my ead early next month.
Many thanks.
Eric
You should ask the court directly about this. Typically, these days, we do not “lodge” an I-589, we “file” it. What is the difference? I have no idea, but maybe that explains the clock (if there is an internal code that does not start the clock when the case is lodged, for example). I recommend you contact the court – maybe you can even talk to the Court Administrator or send that person a letter. You can find the contact info if you follow the link at right called Immigration Court. Take care, Jason
I applied for EAD earlier than the 150 days and it had been denied.I was requested to file motion to reopen or reconsider.am wondering how to go about it.am trying to read but the stuff are complicated.
Do not file the motion – you will lose. The case was properly denied because you filed too early. The better and cheaper approach is to file a new I-765 now that 150 days have passed. Make sure to note on the form (where you are asked) that you filed a prior I-765 and that it was denied for being untimely. Otherwise, you should get the EAD this time. Take care, Jason
Hi Jason,
I m on H1B visa (already in the US) and in parallel I have Asylum pending for more than 180 days now. My H1B expires in 2018 June. If I apply Asylum EAD and just keep it with me (without using it at all) will it have any impact on my H1-B extension ? Is applying for EAD also considered problematic even thought you don’t use it ? My plan is to first let H1B extend (I am cap exempt) and if successful then continue being on H1B status and ignore the Asylum EAD (just have it but don’t use it). If however my H1B extension fails then I want to use Asylum EAD from the very next day of H1B denial. All this just to keep status legal and not lose continuity of work. Pls suggest if I am doing the right thing within legal limits or not.
I do not see why the asylum-pending EAD would have any effect on your H1b, though you probably don’t need the EAD unless you plan to change jobs and don’t want to bother with transferring the H1b. Based on what you are saying (that the H1b may be denied), it makes sense to have the EAD as a back-up, if you need it. Better safe than sorry. Take care, Jason
I applied for my asylum on Jan 3,2017 and after waiting for 180 days I applied for EAD on June 28, 2017 (based on the asylum pending). I have not got my EAD approved and its been more than 5 months I have been waiting. Can you please advise on this?
There are many delays with EADs, but usually first-time EADs are a bit faster than this. You can call USCIS – their number can be found at http://www.usics.gov. You can also go in-person to ask about the application. You can make an Info Pass appointment on their website as well. Take care, Jason
Hello Jason, I have a question. I have an asylum case that has been pending since 2013, in 2014 I became elegible to apply tor I-765 based on a pending asylum application after 180 days which was approved. I have been renewing it since then, I renewed it this year and it was approved until 2019. This year, my US citizen wife filed an I-130 on my behalf, i-130 was approved. My question is, according to my current attorney, in order to proceed with the visa application, we have to withdraw the asylum case. Will that immediately terminate my c8 based was? If so, is it possible to administratively close it instead?.
Thank you!!
I am sorry, I meant, will that terminate my C8 based EAD? If so, is it possible to administratively close the asylum instead of widtdaw it?
Thanks
You have to terminate the court case; admin closing does not work because there is still a removal case against you. In practical terms, if you terminate the court case, I do not know if it also terminates the asylum case and you will still have the card. Whether or not it is still technically valid, I am not sure, but my guess is that the card would not be terminated under those circumstances, at least not for purposes of e-verify. Anyway, maybe you can get the marriage-based EAD before terminating, if you are worried about this (though in truth, it was always a bit tricky to do that, and I have not tried it in a while). Take care, Jason
Thank you very much for your response,
Yes, I am currently in court/removal proceedings so we will not do the I-485 because I believe it would be administratively closed if we did because I am not elegible to adjust status (correct me if I am wrong). We will instead proceed with a motion to terminate the proceedings at my hearing. After that, proceed with i601a then consular processing. According to our attorney, we have a very strong case however I was kind of concerned about the current c8 based EAD. I was afraid that I could loose it before getting to the consular processing part.
Thank you again.
If you need to do consular processing, it means you are not eligible for the I-485 (which gets you a GC without leaving the US). Whether that is a better option for you than doing the asylum case, I do not know, but in some cases, it is the best choice. Good luck, Jason
If you are not in court, you can file the I-485 and the I-765, and wait for the marriage-based EAD before terminating the asylum case. We try not to terminate the asylum case until the GC arrives, but sometimes, the asylum case causes the GC case to be delayed, and then we have to terminate. If your case is in court, it is a different story – talk to your lawyer about that. Take care, Jason
Hi Jason. I just got my first EAD and started looking for employment. One of the potential employers is considering sponsoring me for an employment-based immigrant visa. Is it still possible for an asylum seeker like me to be petitioned as such? Your expert advice on this matter with be highly appreciated. Thank you.
If your only status in the US is asylum pending, you will have to leave the US to get your green card, and this may or may not be possible, depending on your case. Talk to a lawyer to review your case and make sure you can complete the process before you start (and before you start spending money). If you have another lawful status, like a B or F visa, you may be able to change status without leaving the US, but you will probably have to act quickly before your status ends – Talk to a lawyer about that too. Good luck, Jason
Dear colleague
Thank you for your business.
Yesterday, I received the letter from USCIS, which contain the denial of my Form I-765.
They bases his decision next:
A review of your file and USCIS records indicates that you filed an Application for Asylum and Withholding of Removal (Form I-589) pursuant to 8 CFR § 208 on January 20, 2016. However, the asylum office administratively closed your case on July 13, 2017 due to lack of jurisdiction. The asylum office did not have jurisdiction over your Form I-589. An applicant, if in proceedings within the Executive Office for Immigration Review (EIOR), may re-file the Form I-589 with the immigration court. A further search of USCIS records does not indicate that you have an asylum application pending with immigration court. Therefore, Form I-765 is hereby denied.
Could you explain to me: Where is my case at this moment? I wasn’t have interview before asylum officer. I hoped that my case have transfering to Immigration court, but now I don’t know what I have to think.
I’ll appreciate for your legal opinion
For some reason, the asylum office believes it has no jurisdiction over the I-589, and so that case was rejected. Normally, this happens if you have had a previous deportation order, but maybe there are other reasons as well. For a start, you may want to request a copy of your entire file by doing a Freedom of Information Act request, form G-639, available at http://www.uscis.gov. This will help you know what is going on. Also, maybe talk to a lawyer to go over the specifics of the case to try to figure it out. Also, if there is no pending asylum case, you cannot get a work permit, unfortunately. Take care, Jason
Hi
My I775 c8 was denied. The denial notice said that my asylum clock hasn’t reached 150 days. However, I have been renewing my EAD for the last 4 years under c10 without any issue. I have prosecutorial discretion. This is the first time my lawyer had recommended filing under c8, instead of c10. I am so confused right now. Any advice would be most appreciated. Thank you.
If you have an asylum case pending, you can file under c-8, assuming the asylum clock has reached 180 days (you can actually file at 150 days, assuming the clock is still moving and reaches 180). If you have PD, perhaps the clock stopped before 180 days. You can call 1-800-898-7180 and enter your Alien number, when the system gives you instructions, push 2 and it will tell you how many days have elapsed on the clock. Hopefully, your lawyer can help with this as well. Take care, Jason
Hi Jason, thanks for creating this website where people can discuss freely with you. I have a pending asylum case since mid 2016. I did not apply EAD so far and we are close to Dec 2017 already. However while going through this site I saw your post wherein you mention the 1-800-898-7180 number to check number of days elapsed on the clock. To my surprise when I enter my A number (just digits not the A) and press 1 an automated message says – “The A number you entered does not match a record in our system OR Your case has not been filed with immigration court. Please Contact local DHS for further information”. Can you pls shed some light on this ? My case is there with the local asylum office for sure as I have the receipt from them.
The phone number is only for immigration court – it is not for people with an asylum case pending at an asylum office, so don’t worry about it. And sorry for the confusion. Take care, Jason
Hi Jason
My EAD application was just denied, 10/18/207. Previously we would file under (c)(10) every year since 2013. This year our lawyer recommended filing under (c)(8) since this grants the EAD for two years. This is the only difference in my application this year. I haven’t received the letter in mail yet outlining the denial cause. I am really worried. Any advice would be most helpful.
Thanks!
You would only be eligible under c-8 if you have a pending asylum case. When you get the denial letter, it should explain why the EAD was denied, and then you can take the next step (whether that is appealing, which is usually a bad idea, or filing again under the correct category). Take care, Jason
Dear Jason, let me know why is the appeal a bad idea?
And also, could you explain to me how wide is the level of authority USCIS’s officers do?
I hope, they can’t do whatever they want?
The officers are supposed to follow the law, and they generally do, though things seem more strict these days. As for the appeal, usually USCIS is correct when the deny an I-765. It is denied because the applicant made a mistake. An appeal will not fix that; the applicant just needs to file again and do it correctly. Also, the appeal is very expensive and slow. Sometimes, though, it is the right move. It just depends on the case. Take care, Jason
Hi Jason
It looks like my clock was stopped at 100 days. I don’t understand why though. I have been renewing every year since 2013. This didn’t make sense to me. Can u plz outline my next course of action? Thnx in advanced.
If your case is in court, you should contact the court to ask. You will have to call them and talk to a clerk. You can find their contact info if you follow the link at right called Immigration Court. If you previously had an EAD based on asylum pending, and your case is still pending, there should be no problem for you with the clock. Take care, Jason
Hi,
Thanks for reading and responding to my situation.
I filled for Asylum and got a receipt on March 3rd 2017. Filled my EAD on the 18th of September (190 days after ).
My EAD application was denied stating i had not clocked 150 days before requesting for employment authorization. It states I cannot appeal the denial,but can ask for motion to reconsider and reapply.
How else do I calculate the clock days and when can I reapply?
I appreciate your comments.
That is strange. Try contacting the asylum office and tell them what happened. Ask them whether the clock is running and how many days have passed. Maybe they can give you an answer about that. You can find their contact info if you follow the link at right called Asylum Office Locator. After that, you will just need to re-file the I-765, maybe with a cover letter explaining what happened and indicating that over 200 days have now passed since you filed for asylum and that you are eligible for the EAD. Take care, Jason
I have the same issue. I have received a notification saying I applied too early, and there is no appeal from this decision but I can file a motion to reopen or reconsider. It is now 184 days past since I applied EAD. I am so confused.
Hi Jason,
I have the similar issue with Mo. I have received a notification saying I applied too early, and there is no appeal from this decision but I can file a motion to reopen or reconsider. It is now 184 days past since I applied EAD. I am so confused. Should I refile I-765 or I-129 motion? What happens if I send both application together?
Please see my previous reply to this. Take care, Jason
If you filed too early, your application was properly denied. The better course – rather then file the I-290B, which is expensive and will not work – is to file a new I-765, and make sure to mention the first EAD application where asked on the form. Now that 184+ days have passed, it should work. Take care, Jason
Hi Jason,
Thank you for your response in advance.
I applied for EAD renewal based on pending asylum on August 7 with attached check for the fee. One week later I receive my check back and a letter saying it was not needed. I called USCIS, they confirmed that it was being processed and no payment needed. August 25th my case was denied due to non-payment. It is just ridiculous! I called USCIS again, they said I needed to make an appointment at the office, and the only way to make the appointment is through the website. The webpage to make the appointment is disabled. What do I do? Who do I call? I filed for renewal myself, and again- the reason stated on decision paper was that I didn’t attach the fee! Please help!
That is completely ridiculous and – sadly – not very surprising. You make an appointment using Info Pass at http://www.uscis.gov. Appointments are not always available, and so you have to return later to try again. Your better bet might be to refile with a short explanation for what happened, including the returned check and the rejection notice (keep copies of everything for yourself). Maybe you can also ask to expedite, given that the case was erroneously rejected. Even though it is not easy, try to be polite in the letter. You don’t know how many times I wanted to use words like “idiotic” “moronic” and “stupid” in my letters, but we have to leave all the colorful adjectives out. Good luck, Jason
Thank you for your help!
When you say “refile” do you mean to do it with I-290B form? This form is for them to reopen the case with additional evidence, and costs additional $700. Can I file a brand new case?
Thank you very much!
I was recommending filing a new I-765. The I-290B is expensive and it takes too long, and I almost never recommend that after an EAD denial (since it is cheaper and faster to file a new I-765). In your case, it sounds like re-filing the I-765 is the better choice, but if there is a different problem than simply the fact that USCIS accidentally returned the fees, than might try the I-290B. Talk to a lawyer about that to look at the specifics of the case before you do that, as it is costly and probably not the better choice. Take care, Jason
If you have a copy of the I-765 that was denied it is possible that you find that the wrong block may have been marked in the upper left corner of page 1 (permission, replacement, renewal). If you accidentally marked “permission”, but you are actually renewing, then they will return your fee. They later discover the error and deny your application. If this is the case, do as Jason suggests, write a quick letter explaining the situation (use this explanation letter also as your Cover Letter), and send in your correctly filled new application with all the documents required. You must also send a copy of the denial letter.
Best of luck.
ER
Thank you for that – it is helpful, Jason
Good day Jason.
Again, thank you very much for your valuable advice. I feel very bad wasting your time, do you have any offices in Los Angeles? I am in need of trustworthy and experienced attorney.
Sorry, we are in Washington, DC. We can do cases in LA, but it is better (and probably cheaper) to find a local lawyer. I do not recommend lawyers here, but you can look for them on http://www.aila.org. Take care, Jason
Hi Sara! I would suggest my lawyer, Atty. David Haghighi. You can look him up on the internet. He’a experienced and very meticulous.
Hi Jason , I applied for asylum and have been waiting for 152days, I applied for EAD first time on September 12 and received acknowledgement of receipt on September 13. When do I start counting the additional 30days ? Will I still receive another letter for biometrics?
Thank you
You do not need to do that – once 150 days have passed, you can file for the EAD. Take care, Jason
Well, thanks for helping
I have an asylum application that is in court, I have waited less than 150 days to apply for a work authorization refused my application, can I reapply again? How can I do this?
thanks
You can re-apply after 150 days have passed on the clock (you can check that by calling 1-800-898-7180, enter your Alien number, and after the computer spells your name, press 2, and it will tell you how many days have passed on the clock). The form I-765 asks if you have previously applied for a work permit, so you will have to explain that you did, but it was rejected because you filed too early. You should be able to get the work permit if you re-file. Take care, Jason
Hi I am an attorney in Miami, Florida and had this same issue back in July 2016.
Have you heard from the obudsman?
You might want to email Ruth and ask her – you can find her email if you follow the hyperlink to her name at the beginning of the article. Take care, Jason
Hey Jason, could you please let me know if I have withholding of removal a10 can they deport me if I have one ticket this year for speeding over 75/35 and other one two years a ago for crossing red light. I wonder my permit is delayed for that reason may be you think. Please give me your advise.
Many people are seeing their work permits delayed, and I doubt it is related to the tickets. Also, I do not see how such tickets could result in your deportation or any other change to your Withholding status. Take care, Jason
Hey Jason, thank you In advance, for answering our questions. Do you think that it is possible for someone to get an ead if they have their immigration case administratively closed because of prosecutional discretion?
I do think it is possible – if the person has a pending asylum case and more than 180 days have passed on the asylum clock (you can check that by calling 1-800-898-7180, enter your Alien number, and after the computer spells your name, press 2, and it will tell you how many days have passed on the clock). There may be other ways as well, but you would have to talk to a lawyer about that. Take care, Jason
Hi Jason, what category should we choose for renewal? Is it c10?
Sorry, I cannot give specific advice since I do not know the case. If you are renewing an EAD, and not changing categories, generally, the category is listed on your existing EAD, and so you can use that. Also, I am not sure what c-10 is, and I think that is not the correct category, but I do not know about your case, so I am not sure. Take care, Jason
Thanks Jason you are so helpful and may God bless you.
YOu give great insight.
Thanks a lot.
Hello , Please guide me as what to do. I got withholding of removal( deportation) under a.10 by Judge,in 2010 and been getting EAD card every year with in 3 months. They usually sent approval letter in two months and then card .
But this year I applied in May 22 they sent me receipt letter and go finger printed needed letter as usual, but they did not sent me approval letter this date. Its now 4 months 10 days….
What should I do? will they renew my work permit as usual or deny… and every year I have to go to immigration office for reporting. This time i have to go in December. Should I hire a lawyer, I am a student and this is my 3rd year bachelor…I am worried I might not be able to register for classes in spring and if they deny I will get illegal.
You can call USCIS or go in person by making an Info Pass appointment at http://www.uscis.gov. You can also contact the USCIS Ombudsman office – a link is at right. They can sometime help with delayed cases. I do not think you would need a lawyer for the December check-in, but it might not hurt as things are getting more and more difficult under this Administration. But you cannot be deported under the law, and we have not heard about people with Withholding being detained at check-ins (unless maybe you have a criminal record), Take care, Jason
Hey Jason, thanks for your time and great information.
Dear thanks your so much Sir. Great insight.
Hey Jason, thanks for your time and great information. I o not have any criminal . Dear thanks your so much Sir. Great insight.
Hi please I need your help
I and my 5 months old daughter applied for assylum after 159 days we both applied for EAD and today I checked online hers was denied and mine is still pending . What can be the reason and what can we do . It’s almost impossible to live in the USA without social security
You will have to wait to receive the rejection letter to know why it was denied, and then you can respond. There is no reason that a 5 month old child needs an EAD. Perhaps she was denied because she was not yet born when you filed for asylum and/or she is a US citizen? Take care, Jason
I call that number it say 0 days have left n you file your asylum,please know the dhs calculate 180 days ead clock ,
Like that so what i need to that please help me
If you are call 800-898-7180 and it says “zero days have elapsed,” it means you are not eligible for an EAD yet – you need to wait for 180 days to have elapsed, but I am not sure whether this is your question, or whether your case is in court or with the asylum office, so I cannot really tell you more than that. Take care, Jason
And my wife case it say ‘there is no clock”
So i can apply EAD FOR her or what ?
If you need my A number let as know ,
If the case is in court, but there is no clock, it normally means that the person is not eligible for an EAD. Maybe talk to a lawyer to see whether she can do it, or you can just apply. Since the first EAD is free, there is really not much to lose. Take care, Jason
I have asylum case ,when i have first court date (3/3/2016) same day ij administrative closure my case ,
Can i still apply my EAD ?
I do not know about your case, but normally, if a person has a pending asylum case and the “asylum clock” has passed 180 days, he can file for the EAD. Even if the case is administratively closed, he can still continue filing for EAD renewals. You can check your asylum clock by calling 1-800-898-7180 and typing in your Alien number. When instructed, press 2, and the computer will tell you how many days are on your asylum clock. If it is more than 180, you should be eligible for the EAD. Take care, Jason
Hi, can change of immigration court after apply of EAD denied my application.
Hi, I just want to know that after apply of EAD the case move other immigration court this will denied my EAD.
If your “asylum clock” has reached 180 days, it should not affect anything if you move. But if the clock is less than 180 days and you move, your clock may stop and then you will not get the EAD. You can check the number of days on the clock by calling 800-898-7180 and entering in your Alien number (it is a computer, so you do not have to talk to anyone). Take care, Jason
Hi Jason, I applied twice for a work permit while i have a pending asylum, but now my case has been approved and issued a grant by an IJ, now I want to apply for EAD for documentation purpose, i know I dont need to have EAD to work, but i prefer to have it. Do i need to pay the filing fee or not?
Thank you!
For the first EAD based on asylum granted, you do not need the fee. You should have received “post order” instructions from the IJ about making an Info Pass with USCIS. Once you do that, I think you get the work permit, and you do need to do it. Ask your lawyer about that, or if not, maybe you can Google “post order instructions immigration court” and you should find the USCIS website about this. Take care, Jason
Really thank you for helping people out.
Here is my case: I applied for asylum in 2015. Then after the 150 fays I applied for an EAD under (c)8 category which I got and it expired on 3/18/17.. In the meantime I had been granted ” Prosecutorial Discretions” (Witholding og DEportation (a)10. on August 16 2016. On May 16 2017 I sent a new application of EAD under (a)10.. All the processes were sent to me fingerprints and so forth till now.. So Monday August 28 I put up a notice as my EAD app has passed 90 days.. I am still waiting for an answer.. Should I worry about not being able to get a new EAD?
I answered this when you posted it before. If you did not get that, let me know. Thank you, Jason
Hey Jason,
I tried locating your answer but I could not find it in the previous comments…