Pending Asylees Affected by 25th Aug 2020 DHS Rule

Abhatti

Active Member
Creating this thread for asylees who got affected by new DHS rule.

Please share your input / ideas / way-out / etc

For myself, i have applied asylum in June 2020 and will miss to apply for EAD before 25th August 2020 due to in-completion of 180 days
 

little flower

New Member
Is the renewing process changed too !! my EAD Will expire on September 2021 ! when should I apply for renewing?
Because I am afraid of the gap between the old ead card and the new ead card.
 

msv5450

Active Member
Is the renewing process changed too !! my EAD Will expire on September 2021 ! when should I apply for renewing?
Because I am afraid of the gap between the old ead card and the new ead card.
I think the new rule allows you to apply for renewal 120 days before expiring
 

Angelhernt

Member
Any new information about this guys? the clock is keep running in previous filled applications (previous on 08/25), also on USCIS web page shows:

"Based Upon a Pending Asylum Application:
You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum. You may apply for employment authorization 365 calendar days after you file your complete asylum application. You may be eligible to receive employment authorization based on a pending asylum application if:
  • You entered the United States lawfully on or after Aug. 25, 2020 (under limited exceptions, you may still be eligible if you entered the United States unlawfully on or after Aug. 25, 2020);
  • For asylum applications filed on or after Aug. 25, 2020, you filed your asylum application within one year from the date of your last arrival into the United States (alternatively, an asylum officer or immigration judge determined that you qualify for an exception to the one-year filing deadline, or you are an unaccompanied alien child on the date the asylum application was first filed);"

In my personal opinion, maybe this normative is not retrospective, any other information guys?

Thanks.
 

Abhatti

Active Member
Clock for me is still "Wait for 150 days"

63 days passed already. I am due to "apply" for EAD (As per 150 days clock) on 22nd Nov 2020, when 150 days are passed and receive EAD after 20th Dec 2020, when 180 days are done.

If not, then it will be 20th June 2021 for me (As per 365 days clock)
 

7of9

Active Member
Any new information about this guys? the clock is keep running in previous filled applications (previous on 08/25), also on USCIS web page shows:

"Based Upon a Pending Asylum Application:
You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum. You may apply for employment authorization 365 calendar days after you file your complete asylum application. You may be eligible to receive employment authorization based on a pending asylum application if:
  • You entered the United States lawfully on or after Aug. 25, 2020 (under limited exceptions, you may still be eligible if you entered the United States unlawfully on or after Aug. 25, 2020);
  • For asylum applications filed on or after Aug. 25, 2020, you filed your asylum application within one year from the date of your last arrival into the United States (alternatively, an asylum officer or immigration judge determined that you qualify for an exception to the one-year filing deadline, or you are an unaccompanied alien child on the date the asylum application was first filed);"

In my personal opinion, maybe this normative is not retrospective, any other information guys?

Thanks.
Typically, new rules are not applied retrospectively. This is the norm. However, USCIS/Federal Agencies sometimes start applying new rules to old cases 'quietly'...nicodemously: They stop processing legitimate old cases, until they wait reaches 365 days, they reject existing application, they don't respond to cases etc.

For those applying for asylum after August 25, 2020, the requirement to prove that you were in the country before that date, will become a huge thing. Failure to prove that you were in or out on that date can be grounds of application rejection.

You need to document everything, the dates, etc, keep the receipts and submit them as evidence of you presence in USA before the date. Good luck.
 

Abhatti

Active Member
I'd take it as too early while agreeing with 7of9

Yes the rules are "not" applied retrospectively and that's the norm. But current administration is known for their adventurous moves. (Do 1st think later)

Lets and lets hope its all good for us
 

Ze33

Active Member
Special Filing Instructions for Those With Pending Asylum Applications--(c)(8)
Applicants requesting employment authorization under (c)(8) must:
1. Wait 365 calendar days from the date you properly file and USCIS or the Immigration Court accepts your asylum application before you file your application for employment authorization;
2. Appear for your asylum biometric services appointment;
3. Appear for your interview with a USCIS asylum officer, or your hearing before an Immigration Judge (IJ), if
requested or scheduled; and
4. Appear for your biometric services appointment for your application for employment authorization.
For further information see 8 CFR sections 208.7, 208.9, and 208.10.
Special information about biometric services fee and appointments. All applicants for initial and renewal EADs under the (c)(8) eligibility category must submit biometrics at a scheduled biometric services appointment and pay the biometric services fee. If you fail to appear for your biometric services appointment, you may be ineligible for employment authorization.
 

Ze33

Active Member
The current edition of Form I-765 is 08/25/20.
That afternoon USCIS finally updated the I-765 launch page to reflect the 08/25/20 edition of Form I-765 as the current edition date to use for all EAD applications postmarked on or after August 25, 2020.
 

Abhatti

Active Member
Thats from this morning



https://www.uscis.gov/laws-and-poli...t-notices-and-agreements/rosario-class-action

Rosario Class Action

If you are applying for your initial (first) employment authorization based on having a pending asylum application, you may be a member of the class action case, Rosario v. USCIS, Case No. C15-0813JLR (W.D. Wash. July 26, 2018). You may be a Rosario class member if:
  • You filed your Form I-765, Application for Employment Authorization (“Form I-765”), after your Form I-589, Application for Asylum and for Withholding of Removal (“Form I-589”) has been pending for at least 150 days (the 150-day period does not include any delays requested or caused by you while your Form I-589 is pending with USCIS or with the Executive Office for Immigration Review); and
  • USCIS does not adjudicate your Form I-765 within 30 days (Generally, this is calculated as 30 days from the date USCIS received your Form I-765. However, in certain circumstances, the 30-day processing time may be paused.)
 

msv5450

Active Member
Any information about this? Any recent example case?
Rosario class is not anything new. it's been around since 2018. it is guy who sued USCIS for the delay of his EAD. The jus=dge rules that USCIS should issue EADs in 30 days. The USCIS overruled this case in Aug 20, 202. It means that C8 EADs will take 3-6 months to be issued, like the other categories.
 

Angelhernt

Member
I mean, any information or case about someone who filled asylum aplication before 08/25 and filled EAD application after 08/25 about if the new rule of 365 days is applied or not to these cases ? The ead clock keep counting 150 days. Objective opinions thanks.
 

msv5450

Active Member
I mean, any information or case about someone who filled asylum aplication before 08/25 and filled EAD application after 08/25 about if the new rule of 365 days is applied or not to these cases ? The ead clock keep counting 150 days. Objective opinions thanks.
If you read the new rule carefully it says:

1) the part of rule about missing the one-year deadline and having a criminal history is not applied for asylum (I-589 not I-765) before 8/25.
2) the 365 days waiting period is applied to everyone regardless of whether they applied for asylum before or after 8/25. So, if you file I589, let's say in April 2020, you will have to wait 365 days to be eligible.

The USCIS case tracking status is not updated unless prompted by something. So, disregard 150 days there
 

Angelhernt

Member
If you read the new rule carefully it says:

1) the part of rule about missing the one-year deadline and having a criminal history is not applied for asylum (I-589 not I-765) before 8/25.
2) the 365 days waiting period is applied to everyone regardless of whether they applied for asylum before or after 8/25. So, if you file I589, let's say in April 2020, you will have to wait 365 days to be eligible.

The USCIS case tracking status is not updated unless prompted by something. So, disregard 150 days there

Could you show me the link to read the oficial final rule? I found this information in the federal registre oficial web page

“9. Specify the effective date: DHS proposed to apply changes made by this rule only to initial and renewal applications for employment authorization under 8 CFR 274a.12(c)(8) and (c)(11) filed on or after the effective date of the final rule, with limited exceptions.”
 

7of9

Active Member
+just adding here: Do not pin your hopes and dreams on court cases or political changes. Nothing happens there, even if it does, you are looking at 10+ yrs of court fights etc. Work with what you have, the current conditions, even if they are difficult. Fight the system now, but your fight should not be about hoping for political change or court victories.
 

msv5450

Active Member
Could you show me the link to read the oficial final rule? I found this information in the federal registre oficial web page

“9. Specify the effective date: DHS proposed to apply changes made by this rule only to initial and renewal applications for employment authorization under 8 CFR 274a.12(c)(8) and (c)(11) filed on or after the effective date of the final rule, with limited exceptions.”
https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf

This is the instruction page for filing I-765. Says nothing about those who filed I-589 before Aug 25 can file after 150 days.
However, for the on-year-deadline and criminal history, it sets the mark on whether you applied for asylum before Aug 25 or not.
 
We will see man
My 150 day period ends on September 21st
Im gonna apply for my EAD
I guess there's no harm in that but I have no hopes right now that would hurt me later on.
 
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