Appeal, and Working Permit Please help

P

pee^_^wee

Registered Users (C)
hi guys.

I am really not in a good situation right now.
My asylum Application was denied twice. :(
in INS office and in immigration court.
and now Immigration Judge give me one month to appeal.

My lawyer informed me that If I go for appeal, I will not receive the answer in short period of time. maybe I will receive it in 12 or 18 months :confused:

and I asked him again, about working permit.
He told me that because my asylum application was denied, and I have to go for appeal, I will NOT be able to apply for working Permit. Is that true??

I mean, I have to wait for that long 12 months even more without being able to work :confused: , how can I support myself then.

has anyone ever been in my situation. please help me out guys.
Will I still be able to apply for working permit and GET that working permit?
My lawyer said that I could apply for working permit, but INS will still deny it.

Here is my situation:
1. voluntary departure was Denied
2. Application for Asylum was Denied
3. Application for withholding of removal was denied.

I really have no idea, wats waiting for me.
I really need your expertise and your advise in this matter. please help.

Thank you in advance.
I really Appreciate it.
 
When did you file your asylum application with the asylum office and when was it denied by the immigration judge? If you give us the relevant dates, we can give you a more intelligent answer.
 
I applied in january 2002,
and I was denied by the Immigration Judge in April 21, 2003

Thank You .
 
Then I believe you ARE ELIGIBLE for a work permit while you pursue further appeals.

Applicants are ineligible only if an immigration judge denies the case within the first 6 months.

But there was a gap of 15 months in your case.

Ask for another lawyer.

As long as you have no criminal record, you will get a work permit during the appeal process.
 
Last edited by a moderator:
Thank You Gilbert

I have looked up my documents once again.

I applied for the Asylum Application in January 2002,
Then INS office denied my application in April 2002, then I went to Immigration office and get denied in April 2003.

You believe that I am eligible to get working permit. :)
I have no criminal records.

Do I have to wait until my lawyer file for my appeal or I can Just apply for working permit now?

Do I have to include/submit the letter (document from Immigration Judge that says that my application was denied) along with my working permit application?

Thank You so much
 
From what you told me, you are eligible.

You need to wait until you have document proving that you have filed an appeal. You must include that proof when you apply for an EAD extension.
 
HI ,
I am going though the same . as soon as you appeal ,you got right to stay and you will have right for working permit.
Will take very long time I waited for appeal 5 years, relax you got no problem so far , till board of appeal going to take very long time , but you will have only 30 days to appeal so don't be late, othervise you will be in big trouble ,nothing going to safe you, I am going through same for lust 10 y's.(aplaid for assylum after 5 y's) this was back in 1993. for 10 y's I recieved Working permit .Now Iam waiting for motion to reopen the case,or federal appeal.wich ever comes first.You got long time to go , so don't worry.
if you luse appeal it will take other 2 y's and many thousens of $$$.the longer it takes the beter for you.
It's urgent yoy to get other attorny.Did you file to board of appeal ?
I waited 3 y till first interview
2 y till INS court
5 y till board of appeal
not shore how long will take till next , but they seing min 2 y's. save $$ you going to need, fionde good lawyer,be safe .
 
BIA

I read somewhere that appeal cases are now being expedited, which means it wont take years but months to get an answer on your appeal. Good Luck:)
 
I don't want to discurage, but they don't even read it , 90%of cases disade it under > Affirm Without Opinion < same like mine.
 
hi.. its me again

My lawyer gave me the copy of Notice of Appeal - Form EOIR-26 Today(05/23/03). It contains 3 (three) pages.

I asked my lawyer again about the possibility to receive Working permit /EAD. He kept saying No.

Nevertheless, I will try to send application to get working permit.

I have soo many questions. I really hope that someone are willing to help me to answer my questions again. I thank you all who have posted all the answers. It means alot to me. :)

here are the questions guys.
My questions are:

1. What should I do Now?. Can I send my EAD application along with the copy of the Form EOIR which i just got from my lawyer?
or do I have to wait until the the district counsel (or whoever it is) send the receipt that they have received the notice of appeal?

2. If I can send now, do i have to send $120 check to get it? or I do not have to pay?

3. I saw in the EAD form, so many categories. Which Category am I fit right now? I could not find "appeal category" in it. Please help me guys. maybe you have been through this, and i am sure that I really need your expertise.

4. maybe it is the most important thing. Where should I send my application?. I live in california area.

5. If I have not asked something that is/are more important. that my question above or you have additional information, I will really appreciate if you guys are willing to share it.

6. I am really sorry if my english so horrible or my spelling makes you confused. Thank you.

6. I hope we all be get off of this boat pretty soon and help others who are still in the "boat". I hope someday, i can share my experiences with others in this forum too. :)

Thank you in advance.
I really appreciate it.
 
Hi pee^_^wee!
Maybe my story will help you. I applied for asylum in Apr 1992, two month later my case was denied on the first interview in INS. One year later it was denied in immigration court and in 1997 BIA granted my family. All the time I was able to renew my work permit until last year ( I was laid off and looks like I will not be able to find job soon).
If it helps you, I am glad.
-irina
 
hi Irina_c

Thank You for replying, but I need more informations, like

Can I send my EAD form now?
I will just attach a copy of form EOIR-26 that I just got from my lawyer and EAD form and prove that my asylum was denied by immigration judge?.
Did you have to pay, when yo apply for EAD for the first time?
Did you appy that after appeal or before?

but your information helps me too.
I am more convinced that i can apply for EAD. :)
and I hope you will find job soon.

Thank You. :)
 
HI,
,I should say I am in same boat.
I know that you get 30 days to appeal in IJ decision.
As son as you file for appeal , you get stay (not if federal appeal) and right for EAD card. Did you tallk to other attorny? I never had problem with it and I had 10 EAD card's , this will be 11 year's.

good luck
 
Hi PEEWEE
Who is your fu.... Lawyer that says you that you won't get WorkPermit?

1. Your Workpermit category will be C08 (assylum applicant).
2. For the first time you don't have to pay any money.
3. You should attach the proof that you have appealed your case
to BIA
4. Send two photograph with application.
5. YOU CAN GO TO ANY OTHER IMMIGRATION LAWYER(experience with asylum case) AND PAY around 100.00 and let them apply your work permit. Just tell them your situation and they will help you(since your lawyer intention is not clear...)

6. If you want more information mail me at damakeli@yahoo.com


Don't worry...
 
hi ronis.

Thank You for your answer. :)
I will do that.

I will tell the forum once I have received the permit.
Wish me luck. :)
 
Hi pee^_^wee!
I would be glad to help you, but I am not sure that I can answer all youer questions. I know for sure that you don't have to pay first time for the EAD. The rest...sorry i don't know. i never had problems, I just file for it and I got it for the last ten years.
-irina
 
Originally posted by pee^_^wee
hi guys.

I am really not in a good situation right now.
My asylum Application was denied twice. :(
in INS office and in immigration court.
and now Immigration Judge give me one month to appeal.

My lawyer informed me that If I go for appeal, I will not receive the answer in short period of time. maybe I will receive it in 12 or 18 months :confused:

and I asked him again, about working permit.
He told me that because my asylum application was denied, and I have to go for appeal, I will NOT be able to apply for working Permit. Is that true??

I mean, I have to wait for that long 12 months even more without being able to work :confused: , how can I support myself then.

has anyone ever been in my situation. please help me out guys.
Will I still be able to apply for working permit and GET that working permit?
My lawyer said that I could apply for working permit, but INS will still deny it.

Here is my situation:
1. voluntary departure was Denied
2. Application for Asylum was Denied
3. Application for withholding of removal was denied.

I really have no idea, wats waiting for me.
I really need your expertise and your advise in this matter. please help.

Thank you in advance.
I really Appreciate it.
Click to expand...

It is always a good idea to get another opinion from another lawyer. Immigration laws are confusing like hell and the less experienced the lawyer is the more he or she lacks important information. Consequently, he or she will make horrible mistakes and will give wrong opinions. This is not medicine where doctors can reach consensus easily. This is the most stupid system in America, immigration that is.
Good luck.
 
Again, as long as the immigration judge did not deny your case until at least six months after the filing of the asylum application, you can work until all the appeals are finished (unless you are a felon or something).

You can file the Fom I-765 as soon as you appeal the asylum denial. From what you told us, you can apply now.

If you already have had a C08 card, you must pay to renew it. Otherwise, you first one is free.

You send the application to the California Service Center.
 
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