i-765 for Asylum Pending, Arrests

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Sergey1983

New Member
Hello! I am filing i-765 for renewal of my EAD.
I found part 30 of the application somewhat confusing:
(c)(8) Eligibility Category. If you entered the eligibility category (c)(8) in Item Number 27., have you EVER been arrested for and/or convicted of any crime? 30. Yes NOTE: If you answered “Yes” to Item Number 30., refer to Special Filing Instructions for Those With Pending Asylum Applications (c)(8) in the Required Documentation section of the Form I-765 Instructions for information about providing court dispositions.
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I have been wrongfully arrested in my home country, that's exactly the reason why I filed for asylum in the US. I provided all info about it when filing for an asylum. Attaching all the documents about my arrest and it's translations will be as filing new asylum case.
Did they mean arrests in the US here?
 
Sergey1983 said:
Hello! I am filing i-765 for renewal of my EAD.
I found part 30 of the application somewhat confusing:
(c)(8) Eligibility Category. If you entered the eligibility category (c)(8) in Item Number 27., have you EVER been arrested for and/or convicted of any crime? 30. Yes NOTE: If you answered “Yes” to Item Number 30., refer to Special Filing Instructions for Those With Pending Asylum Applications (c)(8) in the Required Documentation section of the Form I-765 Instructions for information about providing court dispositions.
View attachment 3869

I have been wrongfully arrested in my home country, that's exactly the reason why I filed for asylum in the US. I provided all info about it when filing for an asylum. Attaching all the documents about my arrest and it's translations will be as filing new asylum case.
Did they mean arrests in the US here?
Click to expand...
Yes, if you never been arrested on US soil select “No”
 
According to the context, the question asks applicants to supply court dispositions, I think it is used to determine whether some people who have convictions for moral crimes are eligible for EADs. It has nothing to do with your political arrest in your home country.

Item Number 30. (c)(8) Eligibility Category. If you entered the eligibility category (c)(8) in Item Number 27., provide an answer to the question “Have you have EVER been arrested for and/or convicted of any crime?” If you answered “Yes” to Item Number 30., refer to Special Filing Instructions for Those With Pending Asylum Applications (c)(8) in the Required Documentation section of the Instructions for information about providing court dispositions.

(5) Proof of Arrests and Conviction. For initial and renewal applications, you must submit documentation of any arrests and/or convictions. If you were ever convicted of a felony or two or more misdemeanors, you cannot be granted employment authorization under this eligibility category. USCIS will make the determination as to whether your crimes fall into either of these categories. You must, however, provide information and any supporting documentation on all crimes which you were convicted of so USCIS can make an appropriate decision. Provide certified copies of all arrest reports, court dispositions, sentencing documents, and any other relevant documents.

NOTE: USCIS may, in its discretion, deny your application if you have been arrested and/or convicted of any crime.
 
Sergey1983 said:
Hello! I am filing i-765 for renewal of my EAD.
I found part 30 of the application somewhat confusing:
(c)(8) Eligibility Category. If you entered the eligibility category (c)(8) in Item Number 27., have you EVER been arrested for and/or convicted of any crime? 30. Yes NOTE: If you answered “Yes” to Item Number 30., refer to Special Filing Instructions for Those With Pending Asylum Applications (c)(8) in the Required Documentation section of the Form I-765 Instructions for information about providing court dispositions.
View attachment 3869

I have been wrongfully arrested in my home country, that's exactly the reason why I filed for asylum in the US. I provided all info about it when filing for an asylum. Attaching all the documents about my arrest and it's translations will be as filing new asylum case.
Did they mean arrests in the US here?
Click to expand...
I found my previous i-765 which I filed in 2020. I clicked YES in p.30. Then in Part 6. Additional information I added that I chose "Yes" in p. 30 because I was arrested in my home country due to my political activity and case against me was fabricated by the government of my homecountry and the details of the case were described in my asylum application with USCIS. I have also added a printout of the article from Human Rights Watch website about my case. I successfully got my EAD in 2020.
I did the same as above in my 2022 i-765 for EAD renewal. I will post the results as soon as I got answer from USCIS.
 
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