These days, it takes approximately forever to complete an asylum case. Because of the long wait, the law allows asylum seekers to apply for an Employment Authorization Document (“EAD”), which lets them work lawfully while the case is pending. In one of its many regulatory attacks on the asylum system, the Trump Administration recently implemented new rules making it more difficult to get an EAD. But those rules have been challenged in court. Let’s take a look at the law, the old rules, the new rules, where things stand now, and–most importantly–how asylum seekers might still qualify for an EAD.
As usual, it’s best to start with the law. In this case, INA § 208(d)(2), which provides–
An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to 180 days after the date of filing of the application for asylum.
What this gobbledygook means is that asylum applicants are not entitled to an EAD, but government agencies can make rules allowing asylum seekers to get EADs. However, the soonest an asylum seeker can obtain an EAD is 180 days after he files for asylum.
Based on this law, a government agency (the U.S. Department of Justice) created regulations that allowed asylum seekers to apply for an EAD 150 days after their asylum application was filed. Why 150 and not 180? Because the DOJ figured (optimistically) that it would take at least 30 days to process the EAD application, and so if the applicant files after 150 days, the EAD would not be issued until at least 180 days had passed. The regulations also provide that any delay caused by the applicant “shall not be counted” towards the 180 days. This is the origin of the dreaded Asylum Clock, which tracks how much time has passed since an applicant filed for asylum (and which has a tendency to behave in arbitrary ways, much to the chagrin of asylum seekers and their attorneys). So if an asylum applicant causes a delay–by rescheduling her interview, for example–the Clock would stop until the period of delay ends (in this example, the period of delay would end when the applicant attends her interview). These rules have remained largely unchanged for the past 25 years, until August 25, 2020, when new regulations went into effect.
The new rules make a number of major changes to the way EADs are processed for people seeking asylum. The most important of these rules are–
- The waiting period to apply for an initial EAD based on asylum pending is extended from 150 days to 365 days. In other words, instead of waiting five months to apply for an EAD, asylum seekers now have to wait one year before applying for an EAD. This rule applies to asylum seekers who file for an initial (first time) EAD on or after August 25, 2020 (regardless of when they filed for asylum).
- EADs will be denied for anyone who filed for asylum more than one year after arriving in the United States, unless an Immigration Judge or Asylum Officer determines that the applicant meets an exception to the one-year asylum-filing deadline. Such a determination cannot be made until the applicant attends an asylum interview or an Individual Hearing in Immigration Court, and so this effectively means that people who file for asylum after one year in the U.S. will not get an EAD while their case is pending. This rule applies to people who file for asylum on or after August 25, 2020.
- Asylum applicants who entered the country “unlawfully” are ineligible for an EAD.
- USCIS’s authority to deny EADs as a matter of discretion is expanded.
Asylum seekers have not capitulated to these changes, and there is currently at least one lawsuit challenging their validity. As of this writing, the judge in that case issued a preliminary injunction blocking the most onerous of the new rules, but only for asylum applicants who are members of two organizations involved in the lawsuit: Casa de Maryland and the Asylum Seeker Advocacy Project. This is a preliminary ruling based on the judge’s initial evaluation that many of the new rules are illegal; it is not a final decision one way or the other.
The bad news here is that the judge’s preliminary injunction blocking implementation of the new rules applies only to members of Casa and ASAP. The good news is that it does not apply only to current members of these organizations. This means that for people who are ineligible for an EAD under the new rules, you can join one of the organizations and potentially become eligible for an EAD based on the preliminary injunction. Thus, asylum seekers who are (or who become) members of these organizations are eligible to apply for an EAD after 150 days (as opposed to 365 days). Also, asylum seeker/members who filed for asylum after August 25, 2020, and who were in the U.S. for more than one year before filing for asylum, are still eligible for an EAD. You can learn more about the effect of the judge’s injunction here. You can join ASAP here, and Casa de Maryland here (you only have to be a member of one of these organization to qualify for protection under the preliminary injunction).
The other piece of good news from the injunction is that it may signal the judge’s intent to issue a favorable decision on the merits of the case, and to permanently block the new rules for all asylum seekers. When the judge will decide the merits of the case, we do not yet know.
Another unknown is the exact procedure by which members of Casa and ASAP can obtain an EAD. I reached out to an organization involved in the lawsuit, and it seems that the logistics of the process are still being worked out. In the mean time, if you think you would benefit from becoming a member of one of the organizations, you can join, so at least that piece will be in place when it comes time to apply for an EAD (and also, these are great organizations, so there are many good reasons to join).
One final note, for those seeking initial EADs or renewing expiring EADs, keep in mind that fees are going up on October 2, 2020, and that USCIS keeps revising the I-765 form. Make sure to check the website and file the correct edition of the form, and the correct fee (or fee waiver).
The Trump Administration is working overtime to make it difficult for asylum seekers to obtain status in the U.S. But thanks to asylum-rights advocates, it is often still possible to win asylum and to obtain an EAD while your case is pending.
Hi Jason,
Question about work permit.
My work permit ends on November 12, 2020
I have requested a new work permit on August 13, 2020, and got I-797C, Notice Of Action on August 22, 2020.
There was a rule which allowed to show I-797C instead of work permit because of High Load.
https://www.uscis.gov/i-9-central/form-i-9-related-news/employment-authorization-document-ead-delays-due-to-covid-19
But Notice of Action should be between Dec. 1, 2019, through Aug. 20, 2020. While mine is Aug 22, 2020.
I am afraid my work permit will expire before I will get a new one and will cause me losing a job. Is there anything I can do in this case?
The receipt automatically extends the old EAD, and so you are fine for another 180 days. I think the receipt itself indicates this, but if not, there are several USCIS bwepages about this. Here is one: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances
Take care, Jason
Thank you so much for this!!!
I sent the application to renew the EAD but now I realise it’s only $410 and not $490.
How can I stop the other check to be cashed from them or to check if they will return the whole package at all? They haven’t responded for 3 weeks already and I’m loosing time and I want to submit it correctly but I’m afraid not to get charged twice.
The fee is currently $495. I guess you can cancel the check (this might incur a $30 fee from the government, but I am not sure). I do not know that that will matter, as I think they will return the packet to you for incorrect fee. But I guess you can send a new application with the correct fee now, and include a cover letter explaining about the first application and that you expect it will be rejected for the wrong fee. Also, these days, it sometimes happens that they do not return the packet at all and it disappears. Maybe wait a couple weeks to see if it comes back, as that would be better. Then you can send the form again with the correct fee. But if you cannot wait, I guess you can send a new form and fee with an explanation. Take care, Jason
Hi Jason quick question my EAD expired I went to renew it and my lawyer asked if I ever was arrested. I told her yes but that was in 2016 but before I even got my first EAD but the case was dismissed , she saying now one EAD application asylum base they ask if you have ever been arrested. Am being told now I have to get certified copies of disposition from the court and the police report to go along with the renewal application . I have you heard of this before and would me having a dismissed case affect my renewal of EAD. Thank you
The lawyer is correct – for c-8 EADs you now need to provide evidence about all arrests. I wrote about that on March 5, 2019. You should not be blocked from getting a work permit, but you do have to provide evidence that the case was dismissed. Take care, Jason
Hi Jason,
I just want to let everyone know that I am back in NY. I went to Italy with RTD and I was stuck there. Somehow Consulate told me to quarantine 14 days in non-restricted country then I could attend to re-enter to U.S. I went to Mexico stayed 15 days then came back to U.S ! I was panic and shocked that they didn’t let me come back from Europe. Because of the proclamation. The point is no one knows what is RTD. Before I check in they send my application to CBP and I was scared that they wouldn’t let me come back to U.S. I waited 5 years to have my interview then I became an asylee. Had my RTD Still not enough to be able to travel this is what I learned. I am going to apply I-485 on March 2021- then wait for the Green card. It’s what it’s. In one country, I am offered some protections, in the other I am in fear about my life. So, I remain in transition waiting for my application to be processed in United States. And though, I am a human I’m effectively “quasi-human” since my human rights ultimately rely on a nation state’s recognition.
I just want to thank you for all the comments and prayers and advices.
God bless you
I was thinking about you and I am very glad you made it back. What a mess. Anyway, if there is a silver lining, hopefully other people will learn from what happened to you and avoid the same issue. I am glad you made it back and thank you for updating us. Take care, Jason
Hello Jason,
I am not able to understand the difference between RTD and Advance Parole, could you please provide some details.
Thank you
Sam
RTD is a document that looks like a passport and is used by people who have received asylum to travel to other countries and return to the US. Many, but not all, countries accept it like a passport. AP is either a piece of paper or part of a work permit, and it permits to you re-enter the US. It is not used as a passport. It is for people with asylum pending or some other USCIS application pending. Take care, Jason
Jason,
Gave Asylum Interview
Asylum Case referred to Immigration court.
Married to US citizen
I-130 Approved by USCIS
Judge terminated Removal Proceedings
Now, I can apply for I- 485 (Adjustment of status based on family)
1. Will I still receive EAD based on ‘C08’ (Asylum Pending) category that I had filed in July 2020 even though judge has terminated removal proceedings?
OR
2. From now onwards, I have to file I-485 and rely on EAD based on I-485 only until I receive my Green Card?
Thanks,
Leo
1 – I think the asylum case died once the court case ended. You will need to file when you filed the I-485 based on category c-9. 2 – Yes. I think that is correct. Take care, Jason
Hi Jason,
I want to fill an application to renew my EAD. and My question primarily has to do with the Bio metrics requirement and the fee. I only submitted my bio-metrics, one time, after i first applied for asylum and after that I have renewed my EAD many times without giving biometrics .
In the New Instruction form for EAD it says: ”Special information about biometric services fee and appointments. All applicants for initial and RENEWAL EADs under the (c)(8) eligibility category must submit biometrics at a scheduled biometric services appointment and pay the biometric services fee.”
Does this mean I have to Submit biometric again? if so, where can i do that? and Do i have to send the payment together with the filing fee for EAD. 495? 410? 410& 85?
Thanks
As of today, the fee is $495 ($410 + $85 for biometrics). The fee was supposed to increase, but that was blocked by a lawsuit. How long it will remain blocked, we do not know, so you have to check the webpage for the I-765 (available at http://www.uscis.gov). Also, there is some confusion about which version of the I-765 form to use, and so make sure to check the webpage and use the correct version. Take care, Jason
Thanks. But Do i need to submit a new biometrics. I have been able to renew my EAD without biometrics in the past. Is this a new change?
It is a new change since August 25, 2020. If you are filing for an EAD based on category c-8, you have to pay for biometrics. It is yet another way to screw asylum seekers. Take care, Jason
Hello Jason, I submitted a question on Oct 5th asking questions about forensic evaluations. I submitted my asylum application since 2016 and no interview yet. then I asked my lawyer if there’s anyway to expedite my interview and he asked his legal mentor who said the only way is forensic evaluation which I already agreed to since he said someone with a very good asylum case was recently denied in California because forensic evaluations was asked for. Any idea what forensic evaluations entails? It was initially set for February but covid broke out, now it’s gonna be done virtually. Any intake or advice will be appreciated. Thanks.
I think I mentioned this, but there are different types of forensic examinations, and so I do not know what the lawyers are referring to. Maybe they mean a forensic psychological exam to show that you need to expedite the case due to a mental health issue? If so, that may be a way to expedite a case, though expediting these days is very difficult, since the asylum offices are not operating at full capacity due to coronavirus. Take care, Jason
Hi,
When can you apply for EAD renewal? i think It used to be 120 days before the old one expires. Is it still the same? tnx
You can apply up to 180 days before the old card expires. Take care, Jason
I went through the same process and I had to pay for the Biometric finger prints again, but as much as you pay for them, they will not call you to take new ones instead they will attach the ones they already have to your new application and then process you authorization, In layman’s language the fingerprint money you pay is to help with the processing but you will not take new fingerprints as much as you pay for them.
Hi Jason. I had a few questions. I just recently got married last week to a U.S citizen. My boyfriend and I were together for 2 years and now we finally decided to get married. My status is convention against torture under CAT even though in my EAD my category is c18. I guess because I am under supervision as well. I would like to travel in the future and that’s something my now husband likes to do. Is there a chance I could adjust my status to a green card or at least get advanced parole or travel documentation! My previous attorney told me maybe if I get married one day I could re open my case and the judge would have the final decision but would be a rough one but I could try. Now I can’t reach out to him so that’s why I ask you. To get a better insight I came here unlawfully and I have 1 incident with the law and so that’s how I also have (CAT ) because of my record & because I’m part of the LGBTQ community I don’t lose hope but I would like to know if I may have any oportunities or none at all…
thank you & again thank you for your service.
Assuming you are eligible, you would need to reopen the court case and then try to get your green card based on the marriage. It seems there are some major obstacles to accomplishing that – you entered unlawfully and you have some type of criminal issue. There may be options for you, but it would depend on the specifics of your case. I think you need to gather all the info about your case + the criminal disposition (final outcome) and bring that to an attorney for review. The attorney should be able to tell you about the possibility of getting the GC and how you would have to go about that (for instance, due to the unlawful entry, it is likely that you would need to leave the country to get a GC, but there are exceptions to this rule). Take care, Jason
Hi guys – I just wanted to share something. I applied to work permit renewal on July 1st, my current expires on November 6th, and I prepared myself to wait forever and to explain my HR about 180 days extension , however to my surprise I received my new work authorization in the mail today! It took them only 3 month!
It’s so shocking when something actually works reasonably well. Thank you for sharing, Jason
I know, right?! I also noticed that they used older photos for my renewal work authorization – the one that I sent them 2 years ago for previous renewal. Not sure what they did with the photos I sent them now
Hi Jason,
I am sure you are aware of the following news;
“On September 29, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction and stay on implementation of the 2020 final USCIS fee rule in its entirety.”
Isn’t it good for all initial EAD applicants (c8)? In my understanding, initial EAD applicants do not have to pay 550 usd now. Please correct me if I am wrong.
Thank you.
Best,
NEM
As I remember, the fee was scheduled to go up to $580 ($550 + $30 for biometrics). Presumably, they will now continue to pay $495 ($410 + $85 for biometrics). Prior to (I think) August 25, 2020, the fee was $410. USCIS has not yet updated the I-765 webpage, and I think we will have to wait for that for more specific information. It certainly is good news that the fee increase was blocked, but it is unknown how long this will last, and eventually, I imagine USCIS will be able to raise fees. Take care, Jason
Hi Jason,
Thank you for all your help. I applied for Asylum in summer of 2018 and am still waiting to hear a decision. At the interview the officer told me that I would get a decision within six months but I was asked to go for a second interview in exactly six months. My lawyer send inquiries every two months but we keep getting the same message that “there are unresolved issues”, “under routine review”, “supervisory review”, “routine review again”. what do you think is causing the delay?
Thank you,
I did a blog post on October 20, 2015 where I list some reasons why a case is sent to headquarters, which causes delay. One of those might apply. Or more likely, it is a delay with the security background check. You can continue to make inquiries, though I do not think that is very helpful. If nothing else works, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hello Jason,
I applied for affirmative asylum In 09/2016 and never received an interview date. I tried Congressman and Ombudsman options but no improvement on my case. I am planning to work with a lawyer to file a mandamus lawsuit.
1) Do you think it is a bad idea to file it while Trump administration is in charge?
2) Can filing a mandamus lawsuit piss off USCIS and they reject my asylum case even though my case is real and strong and country conditions have been the same.
3) How much should I expect to be charged for this?
Thank you in advance
1 – I do not think that matters, but I do not know whether it will work. Mandamus is usually for people who have been interviewed and who are waiting for a decision. You can try, but also, given the pandemic, it is very hard to get an interview. Let us know what happens. 2 – I do not think they will reject a case to retaliation for a mandamus lawsuit. I suppose anything is possible, but in my experience, the officers don’t really care about such lawsuits, and the suits do not involve the officers, so they are not bothered by them. 3 – I think it depends on how hard USCIS fights against the lawsuit. I would guess that a minimum would be $1500 and I am sure it can go up over $10,000, depending on what happens. Take care, Jason
Please sign the petition to help fellow asylum seekers.
https://www.change.org/p/uscis-uscis-should-change-asylum-seekers-interview-scheduling-policy?utm_content=cl_sharecopy_24334746_en-US%3A1&recruiter=686466170&utm_source=share_petition&utm_medium=copylink&utm_campaign=share_petition&utm_term=08999dbcf4cc4af08de8599979580530
Thanks
JAWID, perhaps you might want to add a nice, catchy introduction about what the petition is about (in the comment)?
Jason,
My wife’s ead is about to expire. What should we do when the ead application receipt is lost? Any evidence I can access and print from uscis?
Thanks,
Sam
If you paid the renewal fee by check, you can get a copy of the check from your bank, and the receipt number should be on the back of that. You can then enter the receipt number into http://www.uscis.gov to get an update about your status. You may be able to call USCIS at 800-375-5283 and get a copy of the receipt number and ask them to re-send the receipt. I did that once, but I do not know whether it will work now. Take care, Jason
Hi Jason,
A quick question. I can apply for my GC next February. After waiting for my decision for 2 years I am almost there.
I am originally from Venezuela and I lately see a lot of movement towards a regime change (might not happen).
How do you think this can affect my GC application? After all I have waited I don’t want this to go to waste… Do you think since my application was approved I should be OK?
I cannot go back to Venezuela, even with a new government I would never be safe and I am scared to be sent back.
Under the law, if the country becomes safe for a person, asylum status can be revoked. I have not seen this happen before, and I think in practical terms, it would be difficult and wasteful for the US government to do this. On the other hand, the Trump Administration has been working overtime to find ways to keep migrants out of our country, and so it probably is a good idea to file for the GC when you are able (on the other other hand, given the Trump Administration’s domestic political concerns, I think they probably would not go after Venezuelan asylees even if the government there does change). Take care, Jason
Hi Jason,
how many copies of the application (i-765) applicant needs to send for EAD processing by uscis? Also, how long it takes from master hearing to individual hearing?
thanks
We just send the original I-765 and one copy of supporting documents. As for the time frame, it depends on the judge and can vary from a few weeks to 3 or 4 years. For most of our cases, the time frame is probably 1 or 2 years. Take care, Jason
hello Jason
my lawyer expedites the individual hearing last week. but I don’t really trust him if did it or not. because he didn’t want to do it. is there any way to call the court and ask them if expedite the request file or not
i have been waiting from 5 years
thanks o much
He is your lawyer, and you don’t trust him?
I would rather not have a lawyer, than have to verify what he says or does regarding my case.
This is also an important point. Thank you, Jason
TINA, I see your point; you should understand, though, that many asylum applicants use pro bono attorneys because they can’t afford a “regular” attorney. As such, the applicant doesn’t want to give the impression that s/he is being rude or ungrateful. And, yes, I know that when an attorney agrees to take your case, he should abide by all the ethical and legal rules as they concern lawyer-client relationship.
In defense of my fellow attorneys, we are very busy and we get lots and lots of questions, which really are difficult to manage, and so attorneys cannot be responsive all the time and also get their work done. That said, we still have to fulfill our obligations. Take care, Jason
Jamie,
“I don’t trust” is a strong phrase, especially for someone representing an asylum case which can make the difference between life and death.
Whether the attorney is pro bono or paid for the services, I would not work with an attorney I do not trust 110%
Not being readily responsive is not the same as not trusting that your attorney did what he said he did.
Is either the client is not trusting of his/ her attorney, or the attorney is not trustworthy.
I was not judging either of them, but he/ she based that post on trust.
Umm… I mean, you can use any username you want as this is a free space, but why would you use JAMIE as your username when I clearly I commented before you? How would readers (those who care) distinguish between your comment and mine? Like that makes no sense.
Does anything make sense these days?
Jamie,
Take a peak into what USA has turned me into.
I actually was responding to you, and was wondering what you were talking about until I saw the user name☹.
Apologies! It was not intentional.
Take a peek*
You can ask the lawyer for a copy of what he filed. Also, you can call the Immigration Judge’s clerk and ask directly. You can find the phone number if you follow the link at right called Immigration Court. Take care, Jason
Jason do you include one year proof of presence In green card application or not ? In the original packet . Thanks
I did not, but keep your receipts as proof, I personally don’t have much beyond maybe digital copies of the rent I pay each month. My employer also pays me using direct deposit. I do have to clock in and out of work every day, so, if they request that, maybe its something I can get from HR.
I normally do not, but there is no harm in doing so. Take care, Jason
Is there anyone here whose green card application was approved in Texas service center ?
I think we have had some cases in the last few months. But things there are particularly slow. Take care, Jason
I-485 Part3 – Q1
Have you ever applied for an immigrant VISA to obtain permanent resident status at a U.S. Embassy or U.S consulate? Should I answer YES or NO to this question?
I applied two times to the lottery VISA like 12 years ago before I came to the US. I applied online though (not through an Embassy). I don’t remember what were the years on when I applied exactly.
Hello MEA,
I am not Jason but DV lottery is not application for a visa. It’s just a lottery, so according to me there is no need to mention that.
Unless you won the lottery and actually applied for a visa, then you did not apply. However, to be safe, you might want to mention somewhere (in the cover letter or on the supplement page at the end of the form) that you applied for the lottery. At least this way, USCIS will not be able to accuse you of covering something up. Take care, Jason
Hi Jason,
Thank you for what you are doing.
I have applied for GC on April 2018 in Texas Service Center and still pending. I have tried to expedite with the help of my Senator like 6 times, but getting back one answer, “your case is still under extended review. Unfortunately USCIS cannot provide a time frame when this review will be completed”.
What does that imply and is there any other option to expedite?
Thanks again!
Sam
Are you from Muslim country ?
No, am not!
Sam , which did state did you apply from ?
Hi Sam,
I am in a similar situation. My asylum decision almost took more than two years after the interview. GC pending more than a year. How long was your asylum decision after the interview?
It took only 2 weeks.
I do not know what that message means, but if you check the processing times for an I-485 at http://www.uscis.gov, I think they are 1 to 3 years, so you may still be within the time frame. You might try contacting the USCIS Ombudsman about this – a link is at right. They can sometimes help with delayed cases. Take care, Jason
Hi Jason,
I already did biometric two years. stil i need to pay $ 85 for biometric for renewal of my dead? tHANKS
Check the instructions, but I think that is correct – you have to pay for biometrics even if you previously did biometrics. Take care, Jason
Jason I have been reading your blogs for long time and just wanted to thank you….i had 2 questions 1. Affirmative asylum when I enter my receipt no. It was showing total no. Of. Days its pending and the next step and now it shows no pending time and just says ur interview notice will be sent in mail does that mean they have stopped online service for affirmative applicants because that was really helpful. 2. Do you have any info on where uscis is at scheduling affirmative asylum interviews in San francisco I applied in aug 2016 and iam still waiting . This online tool for checking interview notice was really helpful thx
1 – Many people have been mentioning the same thing, and so I think it is not unique to you. I have not seen any announcement about it from USCIS, and so I do not know if this is a permanent change, or they are just making adjustments to the system. 2 – There is no way to know, and I don’t have too many cases in SF to have an idea. Everything is slow, though. If you have a reason to expedite, you might try that – I wrote about that on March 30, 2017. Take care, Jason
Dear jason and staff of asylumist after many year’s of waiting for interview I decided to leave . I’m going to Japan , very far away . I was
Mistreated and I went broke Paying work permit a .this is not survival
I am sorry to hear it. I wish you good luck. Take care, Jason
Hi Jason,
the USCIS website says there is a filing fee ($410) and a biometric fee ($85) for the renewal of ead. can I pay it as one check in total ($495)?
Thanks
We usually send one check to “Department of Homeland Security” for the total amount (before October 2, $495). Take care, Jason
Dear Jason,
Thank you very much for letting us know this preliminary injunction news. This was thrilling news for me.Last night I applied to join ASAP as a member right after reading your post. Hopefully, ASAP will accept me soon.
My asylum case have been pending with USCIS for 127 days and it means I will be able to apply for EAD at end of October under ASAP membership protection. However, my biometrics appointment is still not scheduled yet. Last week, I called San Francisco immigration office, where my case has jurisdiction, enquiring if my biometrics appointment would be scheduled in near future. But they answered that there was no schedule and they did not know when USCIS would schedule (even said might not be in 2020). In my understanding, without biometrics done I can not apply for EAD.
What can I do Jason? Should I call USCIS customer service for clarification? Keep calling them is ok or bad?
Thank you again everything you are doing to asylum seekers. Enjoy your rest of weekend.
Best,
NEM
I think you should just go ahead and apply for the EAD when the time comes. If you have not done biometrics for the asylum, USCIS can give you a biometric appointment for the EAD. I am not sure there is much else to do. I suppose you can email the asylum office to ask about biometrics – you can find their email if you follow the link at right called Asylum Office Locator. I do not know that they can help, but it won’t hurt to ask. Take care, Jason
Dear Jason,
Thank you for your kind reply. I will do so as you advised.
From now on, I will start preparing my EAD application. But I would like to bother you again asking one more thing, Jason.
I am primary and my wife is dependant applicant. When I apply for EAD, how should I include my wife? The form I-765 does not mention anything about dependant applicant. Should we file seperately? Or my application covers me and my wife both even she is not mentioned in the application at all?
Sorry, If I asked you stupid question :-).
Have a good week.
Best,
NEM
Each person needs to file their own I-765 with all supporting documents. For families, we send all applications in the same envelope, but each person’s packet is complete unto itself – USCIS often seems to separate family members’ cases and processes them at different times, so each person much have their own complete application. Take care, Jason
Thank you very much Jason
Hi Jason,
hope you are doing well. I am planning to renew my ead based on category c8. my current read is from affirmative uscis.
I have a few quick questions. my case just transferred to the court and my master hearing is in 2022. what documents do I need to submit for renewal considering I am yet to appear in front of the judge. ? How many copies of the application do I need to submit? is it the fee 410$? how long renewal it takes these days. Thanks
The fee is currently $495 and will go up again on October 2. In terms of documents, you have to check the I-765 instructions, at http://www.uscis.gov, as it varies by case. But basically, it should be the same documents as you submitted for the prior EAD, but you also need evidence of your Immigration Court case – the NTA and the order from the court with the 2022 date should be enough. Also, if you have any arrests, you need to get evidence about that, per the I-765 instructions. Take care, Jason
Thanks, Jason. i am confused a bit. is $495 fee for after oct. 2 or before?
$495 before October 2. On or after October 2, you will have to double check, but I think the fee will be $580 ($550 fee + $30 for biometrics). Double check the I-765 webpage though, as I am may be remembering wrong, and there is a lawsuit seeking to block the change and we do not know how that will end up. Take care, Jason
Hello,
I was cited for $150 last year for using a cellphone while driving (I was stopping at the traffic light and the vehicle was not moving). Is this something that requires answering “YES” to any of the questions in the i-485 form (inadmissibility check)?
If it is a criminal offense, then it does require a yes. It does not sound like it, but you would have to check the statute to be sure. You can also check no, circle it, write “see cover letter” and include an explanation about what happened along with a copy of the ticket. This will avoid the problem of USCIS accusing you of covering up or hiding the ticket. Take care, Jason
Hello everyone, i had my individual hearing date on this coming December, just now checked the website it got postponed to Feb 2022, i applied 2016 in L.A, i am gonna leave this country, they do not want us as immigrant, This country has been made by immigrant but thats the worse systems in this Country, god bless all you guys and i wish the best for all of you.
I am sorry to hear this. It is probably due to the pandemic. You can try to advance the date of your hearing if you want – sometimes that works. I wrote about this on April 20, 2017. Take care, Jason
I-485 Question 23 (if you were issued a Form I-94 arrival-departure record number).
Should I list the old I-94 document number (the one I was given when arrived to the USA) or put the new one (the one I was given by the asylum office upon asylum approval)?
We normally put the most recent one, but you can include both. You can list the first one on the supplement page or the cover letter, and include copies of both with the application. Take care, Jason
Hello Jason, do they ask us before Individual hearing date to do fingerprint if yes how long before than that day?
Best,
It depends, but if the case was referred from the asylum office to court, that should not be necessary. If you filed the I-589 with the court (and not with the asylum office), you would need to arrange for biometrics – you can Google “Pre-Order Instructions in Immigration Court” and you should find what you need. The most recent instructions are dated August 2020, so make sure you find the correct ones, as the address has changed (it is now sent to Irving, TX, I think). Take care, Jason
Thank you so much Jason for all your work. I want here to ask our friends on this blog to share their experiences using RTD (Refugee Travel Document) , before having a Green card and how different was it after having a green card, at ports of entry, processing times…etc..
Sharing any experience with RTD would be so much appreciated!
Thank you all.
Hi Jason
I interviewed 2019 October and I have not received my final decision yet and My work permit will end on May 2021.
My question is , when should I apply o renew my EAD? And also How can I speed up to get my final decision ?
best
You can apply to renew the EAD up to 180 days before it expires. As for the asylum decision, you can email them and inquire – you can find their email if you follow the link at right called Asylum Office Locator. You can also try a mandamus lawsuit if nothing else works – we wrote about that on October 2, 2018. Take care, Jason
let me guess, is it the Chicago office you are working with?
Hello,
Would you please tell us more about how USCIS adopts AAO decision on TPS and Authorized Travel. Will the person with TPS be able to return the US if he travels using Advance Parole?! It is getting harder and harder with this administration?
ES, I don’t see how the new memo can be construed to mean that there is a restriction on travel. The USCIS website says: “The decision holds that Temporary Protected Status (TPS) beneficiaries who travel abroad using a Department of Homeland Security (DHS)-issued travel document under Immigration and Nationality Act (INA) section 244(f)(3) generally will retain the same immigration status on their return that they had at the time of departure.” The legal authority is Matter of Z‑R‑Z‑C. The exception to returning to the U.S. with the same status is obviously if you are found “inadmissible under certain criminal or national security grounds or with immigrant or nonimmigrant visas…” (USCIS, 2020). For travel purposes, USCIS (2020) seems to emphasize the temporary nature of the status and believes that if you were to travel abroad on TPS status, your travel would not “satisfy the “inspected and admitted or paroled” eligibility requirement for obtaining adjustment of status to lawful permanent residence.” There is nothing in the memo or law that can be construed as preventing you to travel with TPS status and AP, or would, if you are otherwise admissible, prevent you from returning to the U.S. The main takeaway from this new memo, to me, is that if you travel on TPS status and AP, you return with that temporary status.
You should, however, find out, before you travel, which countries are on the restricted list. You may not be allowed to return to the U.S. after your temporary trip abroad, even if you have TPS status and AP, because of the current travel restrictions in place (presidential EO). There was an aylee- I think the asylee’s username on this blog is Leyla or something like that- who was barred from boarding a flight to the U.S. because of the travel restrictions in place.
My understanding is that the purpose the recent decision is to end the practice where a person has entered the US without inspection, gets TPS, leaves and returns with AP, and is then considered to have a lawful admission into the US. This allowed the person to adjust status based on (for example) marriage to a US citizen. By contrast, when a person has entered the US without inspection/unlawfully, they generally cannot adjust status. Take care, Jason
I am not sure what you mean – the AAO interprets certain laws and issues decisions interpreting those laws, and so that could affect a TPS person or AP. I know of no changes that block a person with valid AP from re-entering the US, except maybe the coronavirus restrictions that apply to all travelers who are not citizens or permanent residents. Take care, Jason
Hi jason
Last week i got my approval I already shared my timeline here but today when i checked my status its says below “”” Fees Were Waived
On September 18, 2019, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number ZAR******* We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by October 18, 2019, contact the USCIS Contact Center at“”””
My question is that my asylum is being granted on 20 August 2020 and my current EAD expire next year which was based off of my pending asylum and I believe they are automatically sent a new one based on A-5 category but the year in above massage indicates year from 2019 ????? Do you think its a error or any other issues kinda have abit worry
I don’t know – I think you will have to wait for the EAD card to know. Hopefully, it will be properly dated. If not, you will have to decide whether to try to correct it or not. It may be more trouble than it is worth. Take care, Jason
Hi Jason,
Thanks for the forum and great help.
When someone apply I-589 from Florida, is his interview going to be held in Arlington, Virginia?
Do you happen to know anyone who got interviewed from Florida?
thanks
People in FL are interviewed at the Miami office. I think that is true for all of FL, but I am not 100% sure. You can check by entering your zip code into the Asylum Office Locator, which you can find by following the link at right. Take care, Jason
I live in the Florida Panhandle & I was interviewed at the USCIS Jacksonville location.
Had my biometrics there Also. Hope this helps.
Dear Elli,
First of all congratulations on your asylum approval. No this is not an error. They will send you new EAD where the category would be a05. I am assuming that they are dating cards based on the interview conducted date. In my case it was plus 2 weeks from the interview date. Probably your interview was held in 2019. I got my approval in 2019 after waiting 2 years after my interview. And again I have received new EAD which was valid from 2017 to 2019. Thinking that this would be helpful. FYI when you apply next time to extend your A05 EAD, they will extend it only for 1 year. This what happened to me.
Dear 312
Thank you so much for the information it was helpful and making sense.
Since we are asylee do we have to apply for work permit ? They grant date is August 20 2020 but interview was conducted September 4 2019. ?
I still hve work permit and is valid till June 2021 ? Do you think its still valid or im asylee they will sent a new one ? And how soon you received your A5 category work permit after your interview? And did you already had a valid work permit??
Hi Elli,
Sharing my timeline with you.
Applied: 2014
Interviewed: 2017 august
Approved: 2019 December
Received new EAD category A05: December 2019. Valid dates are 08/2017 – 08/2019
Applied for new EAD A05: May 2020
Received EAD: August 2020. It is valid for 1 year
I have extended my EAD because it is really hard to explain to your employer that you are eligible to work even without EAD. So just decided to extend. But as far as I know asylees can work without EAD. FYI: you can get unrestricted SSN, just bring approval letter and I-94 form to social sec administration
Dear 312
Thank you so much for information It was helpful
I wanted to apply for unrestricted at SSA office they asked for New EAD based on asylum- n i dont have it yet- other problems they are not accepting walk-in services once i have my EAD i will have to mail them. But im not sure how soon i will receive its already past one month no EAD so far.
I have a question when u received ur EAD based on asylum did u have other EAD -c8 and when it was expired-?
You mean since i asylee my old EAD -c8 is no more valid despite it expire next year??
USCIS has been slow issuing EAD cards, so it may take a couple months, but you should get the new a-05 EAD soon. Take care, Jason
Hi Elli,
I have received a05 ead 3 weeks after asylum was approved. Yes, at that moment I had my c08 ead. Basically I had 2 EADs at the same time (c08 and a05). But as I mentioned before my A05 was valid 2017-2019 (interview date was in 2017). You should receive your A05 Ead soon. I guess validity would be 2019-21. Have you checked your ead status online?
I was able to get unrestricted SSN without EAD. They just asked asylum approval letter and new I-94.
Good luck!
Dear 312
Thank you for being so informative
I cant check my EAD status because i dont have a number to see the status- when i enter my ZAR # it only says that my decision has been mailed!
If you know any other way to check wud definitely try it
Thank you
As I know an asylee dose not need to have EAD anymore , because your ssn is unrestricted .
True – though many employers and DMVs do not seem to understand this. Take care, Jason
I had to provide my EAD in few instances:
1. Through the job agency I applied as a contractor.
2. When I became eligible for appointment as a FTE.
3. Get my state ID at the local DMV.
That state ID by the way supersedes the EAD as a valid ID in a lot of cases. One good example, couldn’t go into bars and use it.
Thank you, Jason
let me share my timeline, hope it will help you Guys
Applied 10/05/2017 Houston
Expedite: Aug 2018 didn’t work
2019 Moved to New Orleans
Expedite Oct 2019 through Doctor
Interview Dec 2019
Expedite Decision April 2020 Didn’t work
Expedite decisions through Congressman worked.
Second interview 09/21/2020
Granted 09/21/2020
Congratulations on the grant! And thank you for sharing this. My personal feeling is that NO is a good office, and the most likely place to get a case expedited. I am not sure if that is the experience of others, as I’ve only had a couple cases there, but we have had good experiences with that office in terms of the time frame and the decision. Take care, Jason
Congratulation,
May I ask how to do expedite requests with congressmen?
Hi, Mahajar, First and foremost, congratulations, it’s really one million dollars worth news. I would highly appreciate if you take the time to help me with the answers of :1- Are you a male or female from the middle east? 2- How did you expedite the decision the first time? 3- Do you think the second interview is a consequence of the congressman’s follow-up? 4- Did you get the decision on the same day and time of the second interview, how? 5- Were you applying as a family or an individual?
Thanks,
Regards,
Hello Jason,
When I checked my case status today, I noticed the slight change in the status. I no longer can see the clock (days my case pending) in the status update. Does it mean I expect an interview sometimes soon. FYI, I recently submitted a third request to expedite my interview. The current status reads as below:
Next Step Is an Interview
The next step in your application is an in-person interview. Once we have scheduled your interview, you will receive an interview notice in the mail. If you move, within 10 days of moving you must update your mailing address, online or on paper, at http://www.uscis.gov/addresschange.
I beleive it does not have any meaning. It happend for every body since yesterday. Just anpther stipid changes by USCIS . Removing the clock to keep us more in darkness.
Yeah I see the exact same message in my uscis online case status.
Maybe they took away the clock, as you are not the only one reporting this. Or maybe it is a glitch. Time will tell. Take care, Jason
Just to confirm, they took away the clock. I don’t see mine, either. Don’t know why they did that.
We should find out why it changed. Clock is important to be in the status update because it let us know that our cases are active and also the number of days that our cases are pending.
I was referred to this forum by a friend & I have been hooked on reading articles & comments every chane I get. To all of fellow Asylees, Aplicants & even thos who have not yet filed, you all are strong. I was one of the lucky ones who filed after the LIFO ststem was implimented & got my interview notice only 13 days after my I-589 application was recieved & pending. I sort of have mixed feeling reading all these stories of people waiting 3, 4 & even 5 years, I am more sad than anything else 😭. I really wish if the process could be like that for all the genuine applicants who have been suffering depression for years. Jason, this platform & your words of advise are very hopeful & powerful! I thank you a million for being somewhat of a saving grace for thousands of people who feel like giving up everyday. I am praying that soon & very soon the asylum process will take a turn for the best for all who are waiting.
Thank you for the kind words. Take care, Jason
Thank you so much your kind words, Rick. .
Hello Sir. I applied for green card in April 2020, I got my receipt too, but they never send me biometric notice, one of friend applied after me, he did his biometrics like two months ago. I called their customer service, they just detail what ever you can see online. Can you gave me suggestions what I need to do? Thank you.
I do not think you need to do anything. USCIS is only sending biometrics notices in some cases, and is re-using biometrics that they already have in others. If you have the receipt, you should be fine, though processing times are slow. Take care, Jason
Hi Jason,
Thanks very much for being there for me and answering my questions. I sent my i-730 form March,2019 Nebraska and made first inquiry by phone on Jun,2020 and second inquiry by Uscis Website on September,2020 .
I got my approval notice on September,2020
-Do you know ,How long does it take NVC to send me a case number ?
-And How will they notify me ? Will NVC send it by Mail or Email ?
In my country there isn’t a US Embassy and she has to go Ankara’s Embassy.
-Do you know, How long does it take they give her interview and what kind of question they will ask her in the Interview ?
-Will they send the case number and interview information to my wife or to me here in the US?
I read your post that you sent it onDecember,2019
Thank you again for all of your help
How do you make an inquiry on the website ?
For an asylum office inquiry, you have to email them – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
1 – It usually takes a few months, but these days everything is slower. 2 – They normally send an email. 3 – The frame is not predictable. In terms of the questions and the process, the post from December 2019 has a link to an I-730 manual that has a lot of helpful information. 4 – They will send the info to your wife, but I think they also send you notice as well. Take care, Jason
Hon Jason,
Thank you for the information. This lawsuit is a life saver for many.
Unfortunately, when faced with a life or death situation you dont think about EAD or anything other than escaping. This rule may not deter asylees who have no other options. It will only cause more trauma, destitution and failure to afford legal representation costs.
Furthermore, by discouraging people from coming forward to register their asylum claims, the government is passing an opportunity to collect vital biometrics; continously updated with addresses and crime records. Openning themselves to all sorts of problems. Take Care.
The justification for these (many) changes is that they are trying to deter fraudulent asylum seekers. But that is simply a lie. While there are fraudulent cases, these rules apply equally to legitimate and fraudulent cases, and so the justification is utter garbage. They could have actually focused on fraudulent cases, but that is not what they did. Take care, Jason
Akin to warring armies indiscriminately firing on civillians because they suspect an enemy is hiding there. It is extremely hard to win a genuine asylum case. One can only imagine how much more difficult it is to win a fraudulent case. Therefore timely FIFO interview and decision rendering is one of some fair ways to root out fraud.
I once heard it said that truth is stranger than fiction because fiction has to be believable. I am not sure whether it is always easier to win a true case. Most of the time, I guess it is. Take care, Jason
Dear Jason
I am asylee. I applied green card on June 2019 at Texas office, but I couldn’t get my green card. What is going on with green card application. I couldn’t get Professional job due to my status. How could I expedite my application? what documents are they need please.
Thank you
It can take 1 to 3 years to get a GC, according to the USCIS website, and so I think you are still within the normal range. I did a post about expediting with USCIS on January 29, 2020 – That might help. Take care, Jason
New change to uscis site…
They removed the pending days counting..
Dear Jason I have a question . I am asylee . I will apply for green card. With the new rules they will change fees and now you have to pay for work permit and travel document when I apply . Am I requieres to apply for work permit and travel document or is it optional ? Because now it is over 2000 dollars all together
You are not required to apply for a work permit or a travel documents, though it certainly makes life easier to have those things. Also, you might try for a fee waiver (at least for the GC and EAD) – form I-912, available at http://www.uscis.gov. Take care, Jason
I applied for EAD renewer back in June, I didn’t meet the one year deadline and my case went to court and my hearing in nov 2021 would these rules effect my renewal even if I applied back in June because i just saw an update on my case and they are asking for more evidence and it’s making me nervous ?
Thank you.
If you filed in June, the new rules should not apply to you. You will have to wait for the letter requesting more evidence, but I doubt that it will be related to the new rule. Take care, Jason
Jason,
I sent my I-765 with a fee waiver since my family qualifies as per our taxes. We were denies, it seems there is confusion in terms of the biometric fee which should be waived with the I-765. Do you have any experience with this?
I don’t – the biometric fee is new, as of August 25, 2020 (I think that is the date it started, but in any case, it is required now). I do not know if you can waive that fee – maybe check the instructions on the I-765. On October 2, 2020, fees go up and the I-765 form changes to a new edition (the old version will not be accepted anymore), and so you may want to re-file before then. Take care, Jason
Dear Jason
After an individual won asylum after five years of wait in Virginia!!! Now if i want to move in order state for work and live would that affect for GREEN card application!! I mean it doesn’t matter in which state do you live for one year right?
Because i just just won my asylum last week thankfully
Now planning to move in other state i hope it doesnt limit me incase if i want to move in other state my time will be start again and be present for one year in order to be eligible for GC!!
Congratulations on the asylum! As for the move to another state, it has no effect. However, you are required to inform USCIS that you moved. Use form AR-11, available at http://www.uscis.gov. You can file it online, and save the confirmation notice. Take care, Jason
Congratulations!
Can you share your timeline when you submitted your application and when you got interview? Did you expedite your asylum interview?
Moving to another state does affect which USCIS office processes your case and how fast you will receive your green card. With only two USCIS offices processing asylee green card cases, one office is way faster than the other. Moving to a state under the faster office’s jurisdiction (Nebraska Service Center) ensures that you receive your green card in 5 months on average vs the other office (Texas Service Center) that takes 18 months on average. Thus, it is a highly smart thing to do. Like Jason said, be sure to update your address with USCIS online after you move and file your I485 a few weeks later.
Dear Jason,
I was granted asylum by the Newark office in Feb 2020. Now I applied for a travel document after I moved to NY ( I was living in PA) and when I check the status online it tells me my petition is pending in Nebraska! Do you have any idea why would they send a petition of someone who is living in NY to be treated in Nebraska?? Thanks!
Was scares me the most is when I read reviews about the Nebraska office it says that it is the worst and the slowest ever!!
ASYLEE, you read negative reviews of Nebraska? I mean, I know that none of the locations are perfect, but wait until you read the reviews of Texas Service Center (TSC)! You might change your opinion. Anyways, Nebraska is one of the locations where I-131 applications are sent for processing. Has nothing to do with you living in New York. You need to save your worry/mental distress for when it’s actually needed.
USCIS processes different cases in different places. I think it is nothing to worry about. Also, I have not noticed that Nebraska is particularly bad compared to other USCIS offices. RTDs are moving slowly – maybe 5, 6, or 7 months in some cases, but that seems to be for most people. Take care, Jason
My RTD was processed through Nebraska, took about 4 months, but that was pre-COVID. I would say they have been relatively fast in other areas, too. For instance, I got my EAD in one month after receiving asylum and receipt for my PR application a few weeks after sending it in. Hope the same level of expedience will apply to my PR application, too.
Thank you Enronn and Jason for all your insights!
Another thought Enronn: can you share we us your experience with traveling using RTD but without having a green card? thank you!
Since I got it, I have never used it. I got it as an emergency because my roommate at the time wasn’t aware I was an asylee. He wanted to go to Canada and bring me along. Because I didn’t want to travel using my country of origin passport, I applied for the RTD. I was hoping this past summer I would have, but we all knew what happened. That’s $200 I wish I could get back of course.
Jason this is a very controversial and invasive question . Perhaps you will hate me but how do you like your coffee in the morning ? Please share all the naughty details if you must
With a spoonful of Justice. Take care, Jason
Jason,
Please is it possible for someone to apply for the investment green card of Canada while still in immigration court in the USA?
The investment green card is based on the amount you are investing in Canada
Thank you
I do not know about Canada – you should talk to a lawyer there to see what your options are. However, if you get an offer from Canada for permanent status, it will likely make you ineligible for asylum in the US (since you have an option to live in Canada). Take care, Jason
I’ve applied to renew EAD on April 1st, and still don’t have decision. My extension ( 180 days ) is expiring in December. Crazy times.
You likely be alright – we are seeing renewals take maybe 5 to 7 months, so hopefully, you will get the new card soon. Take care, Jason
Jason, do you suggest to join only one of these organizations or both?
You only need to join one to qualify for an EAD under the judge’s order (assuming the order does not change). But they are good organizations that help many people, and so joining them both is an option as well. Take care, Jason
Thanks for this information. Looks like if the judge grants the injunction permanently, the USCIS will appeal it, and normally the appeals are going in their favor. I hope everything work out.