You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
EAD card
- Thread starter zbignev
- Start date
The general rule is if the immigration judge denies the application within 180 days of filing of the asylum application then no you cannot get an EAD while your appeal the decision further. If it is more than 180 days yes you can have EAD while you pursue further appeals. Cases filed before 1995 are subject to different rules.
Thankful thanks for your reply. Is the same thing applies for the rejection from the interviewer. That is, I have filed documents on October and it has been more than 180 since I filed it. I have been interviewed on December and since then did not hear anything. I have applied for EAD on 8th of May and if God forbid I will recieve intent of rejection will I still be eligible for EAD or how the USCIS rules out this kind of situation.thankful said:The general rule is if the immigration judge denies the application within 180 days of filing of the asylum application then no you cannot get an EAD while your appeal the decision further. If it is more than 180 days yes you can have EAD while you pursue further appeals. Cases filed before 1995 are subject to different rules.
zbignev said:Thankful thanks for your reply. Is the same thing applies for the rejection from the interviewer. That is, I have filed documents on October and it has been more than 180 since I filed it. I have been interviewed on December and since then did not hear anything. I have applied for EAD on 8th of May and if God forbid I will recieve intent of rejection will I still be eligible for EAD or how the USCIS rules out this kind of situation.
Did you mean an Asylum Officer?
What is your current status?
That is correct. I was talking about Asylum Officer.thankful said:Did you mean an Asylum Officer?
What is your current status?
And my status is F-1 visa.
zbignev said:That is correct. I was talking about Asylum Officer.
And my status is F-1 visa.
The problem for you is that if you are in valid status like F-1 then you have no way to appeal a denial by the Asylum Office. I mean for people with valid status the Asylum Office will first send you a notice of intent to deny explaining why you are not eligible for asylum. You will then have a chance to explain the problem. If your explanation is not satisfactory then they will issue a final denial. Then this is really nothing you can do about the denied application. So you go back to being a student and no more EAD.
If you are out of status they will refer you to a judge. Then you can keep getting EADs while continuing the asylum application.
I know this makes little sense. But this result is required under current law.
Thankful, if I receive a notice of intent to deny within this two weeks my EAD application will be rejected, right? But if I appeal within 16 days then I will have at least 6 months until they will send me final decision. So my question is during this 6 months will I be eligible for work permit or not?thankful said:The problem for you is that if you are in valid status like F-1 then you have no way to appeal a denial by the Asylum Office. I mean for people with valid status the Asylum Office will first send you a notice of intent to deny explaining why you are not eligible for asylum. You will then have a chance to explain the problem.
Thank you.
zbignev said:Thankful, if I receive a notice of intent to deny within this two weeks my EAD application will be rejected, right? But if I appeal within 16 days then I will have at least 6 months until they will send me final decision. So my question is during this 6 months will I be eligible for work permit or not?
Thank you.
You will get an EAD between the notice of intent to deny and the final decision date (assuming the case has been pending for over 180 days of course).
zbignev said:Is there anyone else who could shed some light on this issue?
I believe that you can call the asylum office and verify the information.