EAD denied ?

J

joekat

Registered Users (C)
I filled I-765 last year under derivative asylee and I was surprisely got the deny notice yesterday. I sent copy of my wife's asylum approval letter, marriage certificate, my I-730 approval letter, etc. with my I-765 applicatioon. I put "Spouse of Asylee" under Current Immigration Status in the I-765 application. I was married before my wife obtain asylee status.

The deny letter reads

"The I-730 Approval Notice submitted with your application indicated that you would be contracted by the Department of State regarding the petition for asylum file on your behalf.
...
Since no evidence was provided to show the aplicant had been admitted to the United States as an asylee, it is ordered that this applcation be denied."

"There is no appeal to this decision. This denial is without prejudice to the filling of an Application of Employment Authorization under any category for which you may qualify."

The INS officer must thought that I claimed myself as an asylee, instead of derivative asylee.

I know that asylee does not need EAD to work. Actually I am now working using my SS card. But since I am a consultant, and constantly change employers, many of them insist on having my EAD card. That is why I think EAD is something nice to have in my situation.

Is there any one in this forum had experienced similar situation? What is my best way to deal with it? Thanks a lot in advance.
 
IT sounds like they think you are outside this country waiting for consular approval to enter the USA. What address did you report for yourself on the I-730?

But I would not worry about this I were you because the EAD is frankly a useless piece of document.
 
I used my US address for I-730. Do you think it is useful to call NSC? Since it said "there is no appeal", does that mean I have to reapply? When I reapply, should I explain the previous denial?
I know the EDA should be useless, but a lot of people don't know which make me lost some employment chance.
Thanks for you advise!
 
keep this number

Anyone who is being demanded this or that work document for work should call 1-800-255-7688. This is a hotline at the Civil Rights Division of the United States Justice Department. There is a team of lawyers there who do nothing but help people like you and me regarding work documents. The lawyers call the employers for you and explain to them what the law is. They are also authorized to sue on your behalf for damages in appropriate cases.

So please do not hesitate to use that service which you as taxpayers have already paid for.
 
Form I-290A is the form you use to ask the INS to reconsider a decision. So you can download it from the INS website and fill it out.
 
Gilbert,

Thanks for the advise. I will try the hotline as well as I-290 A.
With best regards!
 
But since it states in the denial letter that "There is no appeal to this decision", do you think fill I-290 is useful?

Thanks.
 
My suggestion is review a copy of the I-730 you filed. How did you answer question a of Part 4? Did you make a mistake and tell the INS you were abroad? Check that out first.
 
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