Pending Asylees Affected by 25th Aug 2020 DHS Rule

Abhatti said:
USCIS responded me today as under, having said my EAD is application is "being processed"

Despite court's preliminary injunction that decision "has to be made" within 30 days.

I shared this update with ASAP and they acknowledged similar complaints from others too and asked me to fill up a survey with when did I file my EAD application and what has happened so far

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On December 30, 2020, you or your representative contacted U.S. Citizenship and Immigration Services (USCIS) about your Form I-765, Application for Employment Authorization.


We researched your case and found that your case has been assigned to an officer and is currently being processed. We will send you a written notice when we make a decision on your application.

If you are applying for your initial (first) employment authorization based on having a pending asylum application and USCIS does not adjudicate the application within 30 days, you may be a member of the class action case, Rosario v. USCIS, Case No. C15-0813JLR. Please see www.uscis.gov/rosario for further information about this class action case

If you called the USCIS Contact Center because your Form I-765 had been pending for 25 days under applicable regulations and the Center created a service request for you, you should have received a response to your Form I-765 within 8 business days of your call. Check your case status for any recent action. If no action has been taken on your case, you may contact the Texas Service Center (TSC) Class Action email box at tsc.classaction@uscis.dhs.gov for further assistance.

When you email, you must:

  • Write “Rosario Class Action” in the subject line;
  • Add asylumEAD@nwirp.org on the CC line to copy class counsel;
  • Include the following information in the body of your email:
Your name

Your service request number

The date the USCIS Contact Center created your service request

Your Form I-765 receipt number and

The “Received Date” on your receipt notice (Form I-797, Notice of Action)

You cannot email the TSC Class Action mailbox unless you previously contacted the USCIS Contact Center and they created a service request because your Form I-765 has been pending for 25 days under applicable regulations. Please note USCIS will not use this email address to address any communication not related to the Rosario v. USCIS or that does not include all necessary information.

Please do not include any personal information other than what USCIS is requesting. Emails may not necessarily be secure. Therefore, we suggest that you do not email sensitive personally identifiable information, such as your Social Security number or A-Number, to us.


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We offer many online services and tools to help you find the information you need at www.uscis.gov/tools and my.uscis.gov, including:

Case Status: Sign up for detailed case updates in myUSCIS: my.uscis.gov/account

Check your current case status: www.uscis.gov/casestatus

Check processing times: www.uscis.gov/processingtimes

Ask about your case: www.uscis.gov/e-request

Schedule an appointment: my.uscis.gov/appointment

Ask our virtual assistant Emma: www.uscis.gov/emma

Address Changes: If you move, please visit www.uscis.gov/addresschange for information on how to update your address. Remember to update your address for all your receipt numbers.

If you try our online tools and still need help, you can call the USCIS Contact Center at 800-375-5283 or 800-767-1833 (TDD for the hearing impaired).
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That means we have to submit ASAP and together with Rosario survey as well? I'm really headache.
 
Whitetofu said:
That means we have to submit ASAP and together with Rosario survey as well? I'm really headache.
Click to expand...

Another update this morning

Just got my case approval email

*** DO NOT RESPOND TO THIS E-MAIL ***

There has been a recent processing action taken on your case.

Receipt Number: ***********************

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Your Case Status: Card/ Document Production

We have approved your Form I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION, Receipt Number IOE0910170776. On January 5, 2021, we ordered your card to be produced. We will mail your card to the address you gave us. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application. If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

  • Log-in to your myUSCIS account to view your case history and understand what you can expect to happen next on your case.
  • Current processing times can be found on the USCIS website at under Check Processing Times.


Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)
 
The approval is for myself only

EAD applied was for myself, wife and 2 minor children

I have responded to USCIS requesting update for pending cases of my my wife and children

will keep posted
 
Received approval for all us

The key is to start following up with USCIS if case of being delayed .... sometimes they are busy enough and they miss the cases which supposed to be adjudicated within defined time
 
Good day. Please I need a quick clarification. I'm a member of asap. my asylum application was received on the 1st of July, 2020 My ead clock is past 150 days. I was going to wait for 365 to be on the safe side but I cannot wait no more. My questions. Do I apply for I765 for my minor child. If yes, should I pay the $410 as well. What if the Int Passport of the minor is about to expire less than six months can I use it?
 
ysteph said:
Good day. Please I need a quick clarification. I'm a member of asap. my asylum application was received on the 1st of July, 2020 My ead clock is past 150 days. I was going to wait for 365 to be on the safe side but I cannot wait no more. My questions. Do I apply for I765 for my minor child. If yes, should I pay the $410 as well. What if the Int Passport of the minor is about to expire less than six months can I use it?
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There is no point of being an ASAP member and then wait for 365 days.

You should have applied for EAD already but never too late

Yes, you can apply for i765 for your minor child (I applied for my minor children and successfully sought)

No, you wont pay 410$ since you are ASAP member

Yes, you can use the passport even if it is expired (Remember you can never ever renew your passport from your home country because you escaped from it. Renewing your passport or any other document means you still have confidence there and that weakens your case)
 
Jan 11th, 2021

I received EAD cards in Mail for all of us (Myself, wife and 2 minor kids)

The timeline as under
  • Nov 19th - 150 Days completed on Nov 19th (Documents sent the same day using USPS priority express - Over Night Dispatch)
  • Nov 20th - Received by USCIS mailbox (Checked on USPS Tracker and USCIS receipt also confirmed the same)
  • Nov 29th - Received SMS from USCIS Confirming documents acceptance and receipt number
  • Dec 5th - Received i767 receipt and online access code through USPS Standard mail
  • 30 days ended on Dec 19th 2020 but no approval or response (followed up with USCIS and it turned out that USCIS portion of time starts when the "accept" application, not when the "receive" it. Hence November 29th became the day when USCIS Time portion started for 30 days
  • Dec 27th - 30 days were up but still no response (followed up with USCIS again and they provided a ticket number)
  • Jan 5th 2021 - Case status updated as "approved"
  • Jan 11th 2021 - Received EAD card my mail
 
Abhatti said:
Jan 11th, 2021

I received EAD cards in Mail for all of us (Myself, wife and 2 minor kids)

The timeline as under
  • Nov 19th - 150 Days completed on Nov 19th (Documents sent the same day using USPS priority express - Over Night Dispatch)
  • Nov 20th - Received by USCIS mailbox (Checked on USPS Tracker and USCIS receipt also confirmed the same)
  • Nov 29th - Received SMS from USCIS Confirming documents acceptance and receipt number
  • Dec 5th - Received i767 receipt and online access code through USPS Standard mail
  • 30 days ended on Dec 19th 2020 but no approval or response (followed up with USCIS and it turned out that USCIS portion of time starts when the "accept" application, not when the "receive" it. Hence November 29th became the day when USCIS Time portion started for 30 days
  • Dec 27th - 30 days were up but still no response (followed up with USCIS again and they provided a ticket number)
  • Jan 5th 2021 - Case status updated as "approved"
  • Jan 11th 2021 - Received EAD card my mail
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I submitted with ASAP member on early of Jan but I haven't receive receipt number or nothing :(
How do contact with them? Thank you.
 
Whitetofu said:
I submitted with ASAP member on early of Jan but I haven't receive receipt number or nothing :(
How do contact with them? Thank you.
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Go to USCIS.COM and chat with EMMA (it's a chatbot)

Ask her to connect to a live agent

But as far as you haven't had any receipt or text ,

1. Did you attach form G1145 along with your application? If no then you won't get any text or email. Then you have to wait for mail to come in to your address (either acceptance of case or denial)
 
Abhatti said:
Jan 11th, 2021

I received EAD cards in Mail for all of us (Myself, wife and 2 minor kids)

The timeline as under
  • Nov 19th - 150 Days completed on Nov 19th (Documents sent the same day using USPS priority express - Over Night Dispatch)
  • Nov 20th - Received by USCIS mailbox (Checked on USPS Tracker and USCIS receipt also confirmed the same)
  • Nov 29th - Received SMS from USCIS Confirming documents acceptance and receipt number
  • Dec 5th - Received i767 receipt and online access code through USPS Standard mail
  • 30 days ended on Dec 19th 2020 but no approval or response (followed up with USCIS and it turned out that USCIS portion of time starts when the "accept" application, not when the "receive" it. Hence November 29th became the day when USCIS Time portion started for 30 days
  • Dec 27th - 30 days were up but still no response (followed up with USCIS again and they provided a ticket number)
  • Jan 5th 2021 - Case status updated as "approved"
  • Jan 11th 2021 - Received EAD card my mail
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Abhatti said:
There is no point of being an ASAP member and then wait for 365 days.

You should have applied for EAD already but never too late

Yes, you can apply for i765 for your minor child (I applied for my minor children and successfully sought)

No, you wont pay 410$ since you are ASAP member

Yes, you can use the passport even if it is expired (Remember you can never ever renew your passport from your home country because you escaped from it. Renewing your passport or any other document means you still have confidence there and that weakens your case)
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Thank you Abhatti. I amgreatful for your response. Just to be clear i do not need to pay for the I765 for myself or both myself and my minor child? Just kind of confused. I dont want to make mistake.
Thank you.
 
ysteph said:
Thank you Abhatti. I amgreatful for your response. Just to be clear i do not need to pay for the I765 for myself or both myself and my minor child? Just kind of confused. I dont want to make mistake.
Thank you.
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You are ASAP member, you don't pay a dime

I didnt pay anything and I have my cards with me
 
sent my i-765 docs on November 2020
sent back by USCIS Dec 12, 2020.
Did correction and posted docs by Dec 13,2020.
received a text on January 1, and got a receipt in my mail January 5. Showing receipt date is December 31,2020
Got another receipt showing no charges cuz of my ASAP membership.
 
Mwe said:
sent my i-765 docs on November 2020
sent back by USCIS Dec 12, 2020.
Did correction and posted docs by Dec 13,2020.
received a text on January 1, and got a receipt in my mail January 5. Showing receipt date is December 31,2020
Got another receipt showing no charges cuz of my ASAP membership.
Click to expand...
Thank you
 
Good evening people. Don't know if this is the right place to ask this question?
Can asylum seekers study in the US?
Any links to schools that will accept asylum seekers.
Please help me.
Thank you.
 
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