If you look at the processing times on the USCIS Texas Service Center website, you will see something interesting. The website indicates that USCIS will complete an asylum seeker’s I-765 form–the application for an Employment Authorization Document or “EAD”–in three weeks. Perhaps USCIS views this time frame as aspirational. I view it as metaphorical. Or maybe delusional.
The reality is that EADs are not processed in three weeks. If you’re lucky, it will take three months. If you’re not lucky, it may be a lot longer than that. Indeed, it seems of late that processing times for EADs have become much slower. As a result, some of our clients have lost their driver’s licenses (which are tied to the EADs) or their jobs. The problem has caught the attention of the American Immigration Lawyers Association, which is investigating (and if you are an attorney whose client’s EAD is delayed for more than 90 days, you can report it here).
So why is this happening? As usual, I have no idea. USCIS doesn’t explain such things. What can be done about it? A few things:
– If you are filing to renew your EAD, you should file as early as possible. The instructions indicate that you can file the application 120 days before your old card expires. That would probably be a good idea. However, you should be careful not to file any earlier than 120 days ahead of time. EADs filed too early might be rejected, which will result in further delay (because you have to wait for the rejection notice and then re-file).
– If you already filed for your EAD and the application has been pending more than 75 days, you can contact USCIS customer service and ask that an “Approaching Regulatory Timeframe ‘service request’ be created.” Supposedly USCIS will route the service request to the appropriate office for review. You should note that if you receive a request for evidence and then respond, the “clock” starts over for purpose of calculating the 75-day period. You can see more about the obscure and exciting calculation of the 75-day period here.
– If you are applying for your first EAD based on a pending asylum case, you can file 150 days after your asylum application was initially filed (the date of filing is on your receipt). However, if you have caused a delay in your case (by rescheduling an interview, for example), the delay will affect when you can file. The I-765 instructions explain how applicant-caused delay affects eligibility for an EAD. Please note that the 150-day waiting period is written into the law and cannot be expedited.
– If your case is in Immigration Court, and you cause a delay (by, for example, not accepting the first hearing date offered to you), the Asylum Clock might stop, and this could prevent you from receiving an EAD. I have written about the dreaded asylum clock before, but if you are in court, you’d do well to consult an attorney about your case and about your EAD.
– If you entered the country at the border and were detained and then “paroled” in, you might be eligible for an EAD as a “public interest parolee”: see page 4 of theI-765 instructions. This one can be tricky, so you might want to consult with a lawyer before you file under this category.
– If you already have asylum, but your EAD expires, fear not: You are still eligible to work. You would present your employer with your I-94 (which you received when you were granted asylum) and a state-issued photo ID (like a driver’s license). For more information, see the Employer Handbook, pages 13 and 50.
– If you are a refugee (in other words, you received refugee status and then came to the United States), you can work for 90 days with your I-94 form. After that, you must present an EAD or a state-issued ID. For more information, see the Employer Handbook, pages 13 and 50.
– If all else fails, you can try contacting the USCIS Ombudsman about the delayed EAD. The Ombudsman’s office assist USCIS customers and tries to resolve problems. Normally, they want to see that you have made some effort to resolve the issue through regular channels before they intervene, but if nothing else is working, they may be able to help out.
The last thing I will say about asylum seekers and EADs is this: If you do not have an EAD, you are not eligible to work lawfully. However, if you are able to find a job without the EAD, it should not affect your asylum case. In other words, working without permission does not block a person from obtaining asylum. It may affect your ability to obtain other types of immigration benefits, and if you have questions, you should consult a lawyer.
It is unclear to me how an asylum seeker is expected to survive without a job or a driver’s license. With all the problems in the asylum system, you’d think USCIS could do something to make life easier for people waiting for their cases to resolve. One thing to be done is to process the EADs in a timely fashion. Another would be to make the EADs valid for the length of the case, so there is no need to re-apply (or at least make them valid for two years instead of one). For now, however, it is up to asylum seekers to fend for themselves: Apply as early as you are allowed for the EAD and hope that it is granted quickly.
hi
i have applied for asylum application on 7/14/2016
got receipt on 7/25/2016
did biometric on 8/3/2016
on what date in have apply for ead??
can u pls tell
You can apply for the EAD 10 days after the “received date” that is listed on the receipt. Take care, Jason
I applied for STEM OPT got an RFE on May 24th and due to some issues with employer i replied to the RFE on August 11th , RFE supported documents were delivered to POTOMAC on August 11th my deadline was August 13th to reply to the RFE. But today August 25th i see the status changed as “On August 15th, received your response to RFE document” . according to the status it says they received my mail on August 15th.
My doubt is , which date do they mention in status message (A) the date they received my Documents ?
(B) The date they update the status (Because August 11th was thursday and August 15th was monday) can i think like they updated the status as August 15th since it was monday.
Because it’s very critical that if it’s day they received then accordingly it crossed my deadline of August 13th.
I do have the tracking record that mail was delivered on August 11th to POTOMAC IN VIRGINIA.
please do reply if someone have any idea.
Because this is related to my STEM OPT , do i have to send any additional docs to USCIS or do they cancel my OPT.
I have called USCIS about this they said it might be the date they updated ur status online (may not be the date they received)
Please share your opinion on this
Sorry, I do not know about this; this is a blog about asylum, and OPT is not my area. Take care, Jason
Dear Friends,
I applied for EAD renewal based on Asylum
Receive day April 4
Check case status online, showing case received. Filed service request and got reply saying case in line to be reviewed… case will be reviewed in line it was received
My tracking number’s last 2 digits are 43, which shows “case was received”, but the guy ahead of me, #44 shows card was delivered in March 28… same EAD card… I am so worried. I applied 90 days in advance and my ead expired at end of June. Usually they approve renewal within 60 days….
We have seen EAD renewals take up to 4 months, but in some parts of the US, it seems to be faster. Good luck, Jason
Hi Jason
From your experience , did you notice any relation between applicant nationality and EAD processing time, like if you are coming from unstable country with a lot of terrorist activities ( Iraq, Syria,ect), do you think that the processing time for these people are longer comparing with other nationality, and other thing, why does it mean when they perform background checks for the EAD process, and why Its required for these kind of application?
I have not noticed any correlation between country of origin and EAD wait time, but it would be interesting to study this question. Though we do a lot of cases, it is not enough to really draw a conclusion. We do cases from many countries, though, and I have definitely not noticed a difference in wait time for EADs. However, I have noticed that people from majority Muslim countries tend to wait longer (often much longer) after the asylum interview than people from non-Muslim countries. Take care, Jason
Hello Jason,
Thank you for the article. I married my wife earlier this year and we filed her paperwork on 5/21/2016. She has received an invitation to apply for her dream job but the EAD still has yet to come through. We are worried that going back to the company with an answer of “we are EXPECTING her EAD any day now…” will adversely impact her being hired by the company. Any advice on how to handle this?
We are seeing EADs take about 4 months, so hopefully, she will have the card soon. I cannot advise you about what to do with the company. If she can put off the start date for a few months, that would probably be enough. Otherwise, I do not see how you avoid telling them. It is a problem, but many companies are understanding and can be flexible in order to hire the person that they want. Take care, Jason
Hi Jason,
Than you for providing help for people in need.
I was trying to find an answer about my situation but couldn’t, hopefully you can help.
I applied for asylum 3 years ago and already had 2 EAD cards based on my pending case. Now I have EAD card based on OPT status until February 2017. Since it takes God knows how long for EAD to be issued ( I already waited for 110 days in March) I was thinking of applying for another pending asylum EAD in September. Does this 120 day rule apply to me since I would apply under different category?
thanks again for your help,
Alex
As far as I have seen, the rule does not apply, since you are not renewing an EAD, you are applying under a different category. Normally, it is taking about 120 days to get the EAD (depending on where you are in the US), and so I understand why you might want to apply earlier than that, and in the cases we have done like that, we did not have a problem. Take care, Jason
I am asylum pending case, i had applied to get my first EAD card:
they received app: May 31
case was transferred to Nebraska: June 10
I called them on July 21… but
Case was transferred to Nebraska: August 2
Why they transferred twice to the same office? It is so weird…
Thank you 🙂
We are hearing about EAD applications being transfers 2 times (it used to be 1 time). Unusually, this has to do with USCIS workload and is not related to your case. But is weird and annoying, and I do not know why they need to waste money by sending letters to people about this. It is an internal process – they should complete the process and issue the EAD; we do not need to know about which offices is working on the case. Anyway, I think it is nothing to worry about and hopefully you get the card soon, though it typically takes 3 or 4 months from the time of filing. Take care, Jason
Hi I applied for EAD last year as f-1 under severe hardship due to political issues in my country and it was denied because my DSO terminated my status so I couldn’t get the evidence of current form 1-20 USCIS requested, now I applied for asylum waiting for decision. I went for intervies july 8th. What do you think I should do next? I applied for asylum March 8 and 5th August made it 150 days , should I apply for EAD again? What is your advice?
Hi Sir, I’m waiting for your reply thanks and please do I have to pay the $380 since I’ve applied before but not as an asylum applicant?. Thanks for replying
Patience is a virtue, especially for asylum applicants. A person who applies for the first EAD based on asylum does not pay the fee.
You should apply for the EAD. The first EAD based on asylum pending is free, so there is no reason not to apply, and some people wait many months after the interview before they get a decision (and the decision may be “no”). For all these reasons, it makes sense to apply for the EAD now. Take care, Jason
Thanks alot Jason. I appreciate
Hi Jason,
Thanks for all the information you provided above, this is really helpful. I have applied for my EAD first time after filing my case in February 2016 and spending 150 days requirement before filing my application for the EAD. How long this take now a days if someone file application for EAD first time during backlog? What is current estimate time? Your expert opinion is requested in this regard!!
Thanks!
It seems to depend where you are in the US. Where I live (East Coast), it takes about 4 months. This seems to be the case for most of the US. I hear from people on the West Coast that it takes about a month or two where they live. Take care, Jason
Hi Sir,
Right now im waiting for my Work authorization. As per my lawyer i have to wait for atleast 150 days. I dont have a job right now and i needed to have one to sustain my daily needs. Am i allowed to apply or atleast present my Asylum ACKNOWLEDGEMENT RECEIPT from the USCIS to an Employer?
Guys i really need your thoughts on this matter.
After you file for asylum, you must wait 150 days and then you can file for a work permit (form I-765). It take an additional 1 to 4 months (depending on where you live) to get the work permit. Once you have it, you are legally allowed to work. You cannot legally work until you have the card. However, if you work without the card (illegally), it does not block you from asylum (though it can create other problems for you and for the employer). You may want to ask your lawyer about this. Take care, Jason
hello Jason
my EAD was approved on the july 29 2016,so when should i expect my EAD card please?
Usually in the next week or two. Take care, Jason
Hi Eric,
When and which office you applied for EAD?
Looking forward your reply.
Best
Patric
Dear jason
we are asylum applicants and filed our ead last july 6,2016. My son is included in our assylum application but living outside the USA, he is 20 years old, is it possible to include him and apply for his ead also
Normally a person outside the US cannot be included as part of an application (meaning, when you filed the I-589 form, you included his photo, passport, birth certificate, and an extra page 9 of the I-589 that he signed, and he was fingerprinted by USCIS after you filed). Maybe he is just listed on your form, in which case, you can petition for him to come to the US if you win your case. If he is actually included in your case, I do not know why he is outside the US, but if he returns, he should be eligible for the EAD. Take care, Jason
Thank you jason, its my mistake, yes you are right he is not yet included in our case but just listed as a child living outside the USA, he had to finished his college that why he is not included, is it possible for us to apply him for ead? Thank you and God bless
In that case, he cannot apply for EAD. Take care, Jason
Dear Jason,
You have been so helpful with all my questions and I would like to thank you again for your time.
My questions now is about the W-4 form. If me and my husband are on a pending asylum status for the W-4 form are we nonresidents?
Thank you.
Sorry – I do not know anything about the W-4 form. You might need an attorney familiar with employment law to answer that. Take care, Jason
Thank you Jason, again I greatly appreciate your time.
Jason ; I applied to renew my work permit exactly 4 months before the expiration date. But until now I did not get my new one . I applied as asylum 3 years ago and till now I didn’t get the interview. I called them many times but nothing new. My work permit will be expired after 5 days and I am going to lose my job again like last year. Is there any way to get extend. Please help me . Thanks
The rules about this are changing, and so hopefully you will not have this problem again (when they will actually implement the change, I do not know, but it was announced months ago). For now, there is not much you can do. You might suggest to the employer that you be placed on temporary leave until you get the EAD, or that you will volunteer with them (without pay) until you get the card, and then maybe they will give you a bonus. It depends how flexible they can be. You should get the new EAD soon, but if the employer is not flexible, there is not much you can do. Good luck, Jason
Hi Jason,
I applied for C08 EDA on Feb 29, 2016. I received notice saying that it has been transferred to Nebraska Service Center on March 29, 2016. I submitted online inquiries about the application status and received emails saying that my case is still under review by an officer. It has almost been 5 months since I filed for application, is it normal? Thank you very much!
It seems longer than normal (we see cases taking about 4 months). You might try contacting the USCIS Ombudsman (a link is at right). They can help, but unfortunately, they will take several months. Good luck, Jason
Hi Jason,
Do you have to pay any fee for EAD renewals? I heard that $500 pay. Thanks.
If you are talking about the EAD for people with asylum pending, the first one is free. After that, you pay. I believe the fee is $380, but check the form, I-765, available at http://www.uscis.gov. Take care, Jason
Hello,
I am under pending asylum,I did the interview 9 month ago.
I renew my EAD under (c08)and I recieve it after 98 days.
My question is MY EAD now has A05 code and for two years instead of one year, what does it mean?
You should contact your local asylum office and ask them – you can find their contact info if you follow the link at right called asylum office locator. Typically, category A-5 means asylum was granted, so you should ask about your status in case it was granted, but they did not tell you. Good luck, Jason
I will on Tuesday, My attorney sent a letter for them on June 22, 2016 to ask about the status, they reply that it still under review.
And also my Card# on EAD card is different from my asylum #
I am waiting for your answer?
Hi Jason,
I have read some of the thread of your advice. I wanted to add my experience. I am also waiting for my EAD. I have submitted in March and on April 11, 2016 USCIS has received the application. There has been also a typographic error on my birthdate on the receipt that I had call twice to USCIS to correct. I have received an additional notice about my call (only one notice is received). This year was my 8th submission to renew EAD and it seems like it is getting longer to process the application (last year it took about 95 days).
Thank you for sharing. Take care, Jason
Hi, I have applied for EAD on May 17 2016, and I received transfer notice on june 02, This is first EAD, Do you think I have to appear for finger prints, as For Asylum Case my Finger Prints were done in January 2016, Or there is no need to appear for finger prints again. Also How much aprox. wait time to get card, because Some people told me it may take 2-3 months, while in their website it seems 3 weeks.
Thanks
Shah
The website does say 3 weeks – and this is completely false. We see people waiting for up to 4 months, but I hear about others getting the EAD in a month. I think it depends where you are (the West Coast seems to be faster than the East Coast). The fingerprints are a mystery to me. Some people are fingerprinted; others are not. Take care, Jason
Hi , I have a question regarding this and what do you think about my case, I’m getting frustrated just because I don’t hear nothing from them.
03/09/2016
We received your Form I-765, Application for Employment Authorization
04/21/2016
Your Form I-765, Application for Employment Authorization , was transferred to another office for processing.
04/21/2016
We received your Form I-765, Application for Employment Authorization , and we are working on your case. You will be notified by mail when a decision is made, or if the office needs something from you.
Still waiting, nothing new!
We are seeing the EAD take about 4 months, so hopefully you well get it soon. USCIS routinely transfers cases to different offices, so I think that is not anything to worry about. Take care, Jason
So that means 4 months starting March or April when my case was transfered to Nebraska?
Thanks.
Four months from the date you filed the EAD. The transfer is routine and is not really relevant to the case. Take care, Jason
Hello Jason,
My lawer submitted the EAD reniewal application on April 26th, but I haven’t received yet the instruction to get my fingerprints done. Is it still normal timing, or should I worry about it?
Thank you,
Olga
If you received the receipt, you should be fine. USCIS does not always take fingerprints for the EADs. Take care, Jason
Hi Jason,
The company I worked for has been waiting for me since the day my work permit expired.
Just recently online status of my application was changed to “new card is being produced”. Do you know if it’s legal to work based on approval letter i-797 or do I actually need to wait for a card?
Best regards
Unfortunately, you actually need the card (supposedly, this will change soon). You can ask the employer whether they will let you start since you have evidence that the card is approved, and maybe they will, but technically, you need the card. Take care, Jason
For EAD renewal my I-765 was received at USCIS on 03/21/16 its 78th day i generate the e-Request and got replied that they are waiting for security check and cannot predict estimated time but if i cant get response in 180 days from the day i got response for my e-Request you can call National Service Center for further query …. can someone please explain what does it mean….
Thanks
I am not sure what it means – though sometimes EAD forms are delayed. Normally, it take about 4 months to get the card, though some people get it faster.If you do not get the EAD soon, you can also inquire to the USCIS Ombudsman – a link is provided at the right. Take care, Jason
I submitted my EAD renewal form on the 3/9/16 and and on 4/21/16 a transfer notice was sent to me that my case was transfered to Nebraska so do you have any advice, today is June 7th and no news ?
We are seeing EADs take about 4 months. The transfer to Nebraska is normal: USCIS moves cases around depending on workload. Hopefully, you will get the EAD soon. Take care, Jason
Thank you
Dear Jason , im renewing my work permit for the 3rd time now and its little bit over 80 days , i heard that u should apply for the work permit 90 days not 150 days anyway im still waiting for it ,, yet im working and my employer called me and asked me were is the new one , kindly advise me what can i do ? can i just give them the notice titled I-797C ? in case they refused and said no we need the new card , is there a phone number that i can call and expedite the matter , since i cant stay home and not work. Please help me
You should apply 120 days before the old card expires – that is the earliest you can apply. You must have the card to be eligible to work; the receipt is not enough. I know of no effective way to expedite such a case. Maybe your best bet is to make an Info Pass appointment (at http://www.uscis.gov) and go there in person to ask about the card, though I doubt this will help. Maybe your employer can give you a leave of absence or let you work without pay until the new card arrives. If the employer is not willing to be flexible, unfortunately, there is not a lot you can do. Take care, Jason
i submitted my EAD form on the 5/9/16 and recieved an approved message on 5/17/16 and on 5/25/16 a transfer notice was sent to me that my case was transfered to Nebraska so can u advice me sir
It sounds like good news. The transfer is normal – USCIS moves cases around depending on their workload. Hopefully, you will get the EAD soon. Take care, Jason
Hi Jason,
I applied for my first ead on may17 2016. I didn’t received any answer from Texas office so far. How to know if they received my request ? When I try also to check my case status online or by phone, my receipt number starting by znk seems not recognized. Any ideas to help me ?
Thanks in advance.
The ZNK number is your asylum receipt. You should have mailed in a form. I-765 for the work permit. You will get a paper receipt in a few weeks, or if you submitted the form for the online receipt, you should receive that soon. Take care, Jason
Hi, I applied for my ead renewal like i do every year, the status updated to fees were waived in october 20, 2015 and still remains the same to this date. My attorney has put in two service requests with no answer. Any clue to what could be going on? Its been over 7 months already.
That is ridiculous. I have no idea. You should make an Info Pass appointment and go in person to check on your case. If the officer you meet is not helpful, ask to talk to a supervisor. You can schedule an appointment at http://www.uscis.gov. Good luck, Jason
Hi Jason,
My asylum case is pending since July 2014 and I graduated from the university on July 2015 and I applied for OPT EAD through my university and I received my EAD and it will expire on July 30th 2016. Last week, I applied for EAD through my asylum case as a first time? Is that ok?
It sounds fine to me. But the new EAD may not arrive until after the old one has expired (we are seeing EADs take up to 4 months). It is best to apply 120 days before the old card expires. Anyway, the application is submitted and hopefully you will get it soon. Take care, Jason
Hello I applied for travel documents form I-797C
i have DACA for 3 years know I got my receipt on April 20 2016 how long will it take for me to get a approval or a denied note?
I cannot answer questions about DACA, as I do not do many of those cases. Sorry, Jason
Hi Jason, thanks for the information. I have waited for 75 days after the receipt of my first ead application. I’m hoping to get it soon. My question is can I include my wife and kids who are just coming from Africa in my assylum application on their arrival and apply for ead for my wife at the same time?
Assuming the children are under 21 and unmarried, you can include them. There is a procedure to add your family members to your case. Contact the local asylum office and ask them the procedure – you can find contact info for them if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks
Jason i file for the work authorization card and get a receipt and what they said was….
they will use my previous finger print i should not worry ..but i should check if everything is correct But second i didnt add my passport picture
too so i am soo worried
what do you think and is almost 45 days now next month 7 will be 60 days am soo scared and i have get a job already but they still waiting for my card
If you got the receipt, you should be fine. We are seeing people wait about 4 months to get the work permit, though through this blog I have heard about people getting it faster. Take care, Jason
Hi Jason, I live in IL where should I send my application of my first EAD ?? I applied for Asylum exactly 150 days ago and I done my asylum interview yesterday.
Many thanks.
I cannot answer questions about filing forms – you just have to check the instructions for the I-765 (available at http://www.uscis.gov). Take care, Jason
Hi Jason,
I submitted my EAD request after 150 days exactly and got a receipt for it within two weeks of submission. Can I apply for jobs now before receiving the EAD? I am putting a notice period of up to two months to give enough time to get it. Can employers reject my application now based on me not having an approval?
Thanks for your response.
You are not permitted to work lawfully until you get the EAD. However, I suppose an employer can hire you now with the understanding that you cannot start work until you receive the card. Most people seem to get the card within 4 months of filing. Take care, Jason
Hi Jason,
I thought of giving you an update and your readers some rays of hope. I just received my work authorisation after applying for it almost 40 days ago. I did contact the respective office when 30 days has passed, and the friendly representative took a note for me. I suppose filing with the San Francisco office for my asylum case didn’t have any effect here?
Thank you – it seems that people on the West Coast get the EAD faster than people on the East Coast. Take care, Jason
Good day Jason,
Do you happen to know if the “clock” starts over again after my case was transferred from Vermont to Nebraska?
It should not – probably what you are referring to is a normal transfer by USCIS when the EAD is being processed. Is that what you mean?
Yes, it was done by uscis in order to speed up the process, which doesn’t seem to be speeding up
That’s about right, but hopefully you get it soon.
Hello!
Do You have information as long now wait for EAD in SF?
Still waiting… 44 days.
Thank you!
I don’t know, but we have seen it take up to 4 months here on the East Coast (and once in a while, it is even longer than that). Hopefully, you get it soon. Take care, Jason
4 months for first EAD for asylum?
WE often see that, but I have been hearing about people getting it sooner.
Yesterday, after 50 days the status has changed.
Now it “Case Was Approved”.
Thank you.
That’s a good sign – Hopefully the EAD arrives soon.
My son applied on Feb.8. No response yet. Last week we called and asked for inquiry. He got a confirmation number. How long should we wait for the response?
Are you talking about the EAD? If so, he should have got a receipt by now. If not, make sure you sent the application to the correct address (check the I-765 form instructions, available at http://www.uscis.gov). You may need to re-send it with an explanation that this is the second EAD request, or maybe talk to a lawyer to investigate if there is some other type of problem. Take care, Jason
I have applied for my EAD to Texas Service Center on Mar 3 for the first time my file transfered to Nebraska on Mar 16, its Mar 8 now and didnt recived my EAD yet, Can you advice please
It usually takes about 4 months. It is normal for USCIS to transfer the file to different office. Take care, Jason
Hello Jason,
I have my asylum application pending since Sept 2015. I applied for my n husband’s EAD in Feb 2016, got a receipt from the USCIS office on the 25th Feb 2016. On March 11th my case for EAD was transferred to the Nebraska service center to speed up the process because the previous office was experiencing delay. I am still waiting for my EAD. The big problem now is that my driver’s license is about to expire in a couple of days. I am not sure if the DMV will renew the license with out EAD or not..? Please advice me what to do now.
In general, the DMVs will not renew a license unless there is a current EAD, but you can try, as different states and offices seem to do different things. Typically, it takes about 4 months to get a new EAD. USCIS is changing its policy, so this should not be a problem the next time you renew the EAD (hopefully). Take care, Jason
Thanks for the reply Jason. We went to the DMV office, they forwarded our documents for verification and told us to come tomorrow. Do you think its gonna renew or not? Because they didnt ask about our EADs.
Thanks.
I have no idea – but good luck, Jason
Thanks.
Hi,
My 8 year old daughter and I apply for a work permit through pending asylum. now I have to renew, my question is if also I have to renew my daughter EAD?
Only if you want to – Normally, a child does not need a work permit (as much as I want my 3 and 5 year-old kids to get a job so I can retire). Take care, Jason
Hi,
I’m dependent on my wife’s Asylum application, which is still pending. We had our first EAD’s which expired in March 2016. We applied for renewal EAD’s and my wife got her new EAD last week. Today, I got a letter from USCIS, that my EAD application has been denied because they could not locate my I-589 (Asylum Application) in my files, nor as a beneficiary on someone else’s application (which is my wife). Is this an error from USCIS? What should I do? Apply for Motion to Re-open / Re-consider?
Thank you.
That stinks. It sounds like a USCIS error (unless you made an error on the I-765). You should re-apply – maybe with the help of a lawyer if you are not sure about the application process (though it seems you did it once successfully). I think the Motion to Reopen/Reconsider is not worth it. It is very expensive and it takes a long time. It is faster and cheaper to re-apply using the form I-765. You might also want to call USCIS to ask about why this happened, though the help they provide is pretty limited. Good luck, Jason
Hello.
Mine case has been received on March 25, 2016 and still I haven’t received anything. How long to wait? San Francisco, California.
Thank you!
Regards.
It seems a bit long. Maybe check to make sure you mailed your application to the correct office (you can check the website for the San Francisco asylum office, which you can find if you follow the link at right called Asylum Office Locator – this also has the office’s contact info and email). If you mailed it to the wrong address, you may need to re-send a new application or try to contact the local office to ask for instructions. If you sent it to the correct address, maybe wait a few more weeks and if you still receive nothing, contact the asylum office by email and ask what the problem is. Good luck, Jason
Dear Jason
Just like few others who shared the process dates I would like to share mine too. I am guessing that the process is speeding up.
Asylum Application Submitted : Oct 12th 2015
Received by USCIS : Oct 16th 2015
Notice of Biometrics : Oct 20th 2015
Biometrics Done : Oct 26th 2015
Application for EAD: April 01st 2016
Received by Texas Service Center : April 04th 2016
Notice of Approval : April 22nd 2016
Received Approval Notice in Mail : April 27th 2016
Received EAD in Mail : April 28th 2016
Regards.
That’s great – Thank you for letting us know. We have not seen that yet with our cases, but hopefully we will see it here soon too. Take care, Jason
Hi, my husband, myself and 11 year old applied for the work permits thru adjustment of status. My daughter and husband received theirs in 3 weeks…I’m still waiting for mine. Any clue as to why there is a delay with mine? Thanks.
I have no idea. In many cases, work permits (at least for asylum and often for adjustment of status) take up to 4 months. If you received your receipt, your case should be processing. Take care, Jason
hie Jason,, l went for my asylum interview on 15 December 2014 in Chicago, and up to now l have not received an answer, my work permit is expiring in a months’ time and l have already reapplied for renewal, my question is does it take that long just to wait for an answer or is there anything else l should do about it, thank you
It can take that long – I did a post about this topic on October 21, 2014. Maybe that would help. Take care, Jason
Hi i applied for asylum , got the receipt and already done my bio-metrics. My question is does doing the bio-metrics mean uscis is processing my EAD or its just protocol?
Thanks for your help
It does not mean that – you need to wait 150 days after the received date (listed on the receipt) and then file a form I-765 for your EAD. You can find the form at http://www.uscis.gov. Take care, Jason
I have asylum pending,Uscis received my application 29 January 2016 and everyday I check my status is still was written your application was received 29 January 2016 it never change I’m worried .
You are talking about the status of the EAD? If so, I do not think you should worry about the on-line updates. As long as you received the receipt, your case is processing. It can take about 4 months. Take care, Jason
I am trying to renew my husband’s EAD and my EAD which will going to expired soon. Currently my husband is in Africa for temporarily work assignment. He works on and off out of USA for United Nation (UN). The problem arouse with the AR-11. He is in Africa now and I am here in USA. So how can I apply for EAD renwal for both of us. I am his dependent in the I-589 form. Please advice
As long as his case was not abandoned by leaving the US, each of you renews the EAD independently, so you would each file your own form. Since a person is generally required to be fingerprinted to obtain the EAD, he may need to return to the US to get that done. Also, if he is outside the US, and he does not have Advance Parole, USCIS might consider his asylum application to be abandoned. Take care, Jason
Hi Jason,
The information you share here is very useful it really helps people who genuinely seek asylum due the situation in their home countries.
I have a number of questions if you can clarify
1. I applied for EAD from Texas services center, do you have any idea how long taxes service center takes to issue the EAD as their website says “3 Weeks”. Is it really true? They received my application on 31st Mach and they sent me a confirmation in mail on 10th April.
2. I submitted my Asylum application in California (Los Angeles) in October ’15 but recently I moved to Houston Texas and I applied for EAD in Houston so is there going to be any delay in EAD due to address change?
It takes any where from 1 to 4 months to get the EAD (typically closer to 4 months). If you moved, you should change your address using form AR-11 (available at http://www.uscis.gov). The move should not effect the time tor get an EAD. Take care, Jason
Hi ,
I was granted deferral of removal (CAT) in Nov, 2015.
I applied for the work permit , after 75 days of the pending I-765 application I put a service request in. on the 89th day USCIS sent me an email (RFE). Now I am confused is this legal?
An RFE is a request for evidence. You should get the RFE by mail, and then you need to respond to it. Hopefully, you will get the work permit after that. Good luck, Jason
Can I apply for U visa, after I was granted deferral of removal ?
I believe you are eligible for a U visa, but you need to check with a lawyer who does U visa cases, as I am not 100% sure. Take care, Jason
Hi Jason,
Appreciate for your unlimited advice on asylum cases. I have applied for EAD and it’s now 40 days without any status change. Do I have to give fingerprint for EAD? Does it always the case to give fingerprint, b/c I haven’t been requested yet?
Thank you
I have heard about people getting the EAD without fingerprints, but most people seem to do a fingerprint appointment. You should get that soon – hopefully at least you got the receipt, so that you know USCIS received your EAD application. If you have the receipt, you should be fine, but EADs can take up to 4 months. Take care, Jason
Hi Jason,
I applied for EAD under parole A04 it has been 98days now and I have done 2 requests and contacted my congressman who also contacted the USCIS but yet they still asked me to wait.
When do you think they can issue me EAD?
Thanks for your help
Most EADs are issued within 4 months, so hopefully you will have yours soon. If you have not done fingerprints yet, then something is wrong, but if you have done them, hopefully you will soon have the card. Good luck, Jason