Hi guys I received NOID in September then I sent a rebuttal through my lawyer. I continued to count my 150days so that I can apply for it after 150days that ended October 18th I sent EAD application after 24days pending I was sent case denied online and when I checked USCIS portal am told my decision was reached and I will receive it in the mail. Am very worried do you guys think I was granted asylum or denied please advice
Political assylum
- Thread starter Bonanza
- Start date
Decision was mailed, and your EAD currently running may mean 2 possible options:
1. Recommend approval ( not final approval). The officer recommends the case to be approved after completing the security checks.
2. Referral to immigration judge.
However, in your case, because it's after rebuttal, the referral to immigration judge is more likely to happen.
1. Recommend approval ( not final approval). The officer recommends the case to be approved after completing the security checks.
2. Referral to immigration judge.
However, in your case, because it's after rebuttal, the referral to immigration judge is more likely to happen.
Actually, I can't understand why they denied your EAD. Are you in status (have valid F or J visa)?
If so, this will explain why your EAD was denied. Also, in this case there will not be referral to immigration court. They will deny the case.
But if you are NOT in status, then you may made a mistake in your EAD application that made them deny the EAD.
If so, this will explain why your EAD was denied. Also, in this case there will not be referral to immigration court. They will deny the case.
But if you are NOT in status, then you may made a mistake in your EAD application that made them deny the EAD.
Actually, I don't want to give you a false hope, but there's a small chance that you have been granted.
The reason for that is when you apply for an EAD C08, and there's another one A05 being processed to you, the A05 cancels the C08.
Also, I will assume that the system hasn't been well updated , I mean your EAD is currently running.
The reason for that is when you apply for an EAD C08, and there's another one A05 being processed to you, the A05 cancels the C08.
Also, I will assume that the system hasn't been well updated , I mean your EAD is currently running.
msv5450
Active Member
When was your interview with the officer?
Did you get NOID immediately two weeks after the interview?
Seems you and your lawyer were not ready to argue your case? At the MCH, the judge always asks if you guys are ready to argue your case:
a) if you say no!, the EAD clock stops, and will never move again until your final hearing
b) if you yes, the EAD clock keeps counting forward
Unfortunately, it seems you guys gave the judge answer (a). That is very bad. You will never get an EAD, until your hearing in 2021. I speak from direct first hand experience:
Me and my lawyers chose answer (a), and my EAD clock got stuck at 60 days for all infinity: The EAD clock stopped at 60 days from April 09, 2008 all the way to my final hearing date of August 20, 2009. For 16 months I couldn't work - during all that time of waiting, that didn't stop me from trying my luck at applying for the EAD
. I think I applied twice, both times it was denied. I call those 16 months the dark days of my life.Things to do for the next 22 months:
1. Getting ready for your trial - Find lawyers to help you prepare your case. Forget about all aspects of your case that have happened so far - immigration court stakeholders don't care about what you told the Asylum officer, or the facts of the case presented to the Asylum officer. You essentially start on a clean slate.
a) What I did: I worked with my pro-bono lawyers to prepare for the case. The lawyers were from the fancy firm Skadden, Arps, Slate, Meagher & Flom LLP, working with their recent UChicago Law associates. Like I always say, you need to remain in control of your case, the lawyers should be there to help with the Formatting of the case for presentation to the judge. Over those 16 months, different sets of lawyers from the law firm helped me.
b) Evidence attack - in immigration court, they don't care about your case, they care about the evidence you present to support your case. So, I used the 16 months waiting to find all kinds of evidence, for everything that I claimed in my case:
i) torture? have a physical exam, have the doc write a report.
ii) PTSD? a psychiatrist wrote a report
iii) country conditions are like this and that? Evidence from the state department, evidence from reputable sources
iv) Case studies - this happened to X, he was returned, this what happened
v) Good member of society? - church members write letters of support, friends write letters of support, etc.
vi) Good member of society? - FBI background report...all 50 pages of it, submit it to the judge
vii) My point? submit all the evidence you can get your hands on - my case grew to 300+ pages. - immigration court doesn't like large files, they have no time to read this. Govt. lawyers won't fight a case with 300+ pages, as they have no time.
c) Prepare for court
i) Attend immigration court hearings for other people, where your case will be heard. Hearings are open to anyone! I went to the hearings several times, to help me understand the process. Understanding the process means on your court day, you will focus on presenting your case, not the shock of being in court. I remember attending hearings for people from China, Russia, DRC, Mexico, Iran, Nigeria etc.
ii) While immigration court is not a criminal proceeding, it is similar in format to criminal court. I had lived in America for 5 years at the time of my case, but still, I learned a lot by watching Dick Wolf's Law & Order, the original. Again, this helped me be comfortable with court proceedings
2. Survival
a) Whatever you do, do not violate this country's laws, as even the smallest infraction can be used against you in immigration court by govt. lawyers.
b) If you have friends, family, tell them to support you. Some family members might not understand your situation, so I would encourage you to explain to them. Your inability to work will inevitably means that some people close to you will abandon you. You should be prepared for that. I 'lost' some people close to me during these 16 months of waiting, the hurt is still there, even now.
c) Most cities have programs to support you with housing, free housing. Find those. They also have shelters during the winter, find those
d) Most cities have food pantries - utilize them. Free food helped me push forward
e) Develop yourself - most cities have libraries, utilize those for internet, research, etc. Some universities have free libraries where you can get access to the internet. I wrote two books during my waiting. Ran a news website....
f) make sure you have a reliable address, so you don't miss mailings from the immigration court. My letters would go to a friend's address.
All the above items, designed to help you succeed. When you win your case, the sacrifices above will change the destiny of your life. The 22 months will mean nothing in the long run.
Good luck.
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Correct, the MCH should reset everything.....your EAD clock should be moving forward right now. At your MCH hearing, if you didn't ask the judge for more time to prepare your case, the EAD clock should be be moving forward again. If the clock is still stopped, means answer (a) was given to the judge. To get an EAD you need to accumulate 150 days.
The current clock, you can find it at mycasestatus on USCIS. Or you can call the EOIR's 1-800-898-7180 , they have all the details about your case there.