I was referred to IC after filing for asylum with USCIS. My application is pending and I didnt cause any delay. The earliest date to apply is 01/13/2013. I was just wondering if I have to pay 380$ fees for the EAD? Thank you so very much for your thoughtful assistance in this matter.
Real Estate Attorney
There is no fee for the EAD when you have filed for asylum. However, in order to be granted an EAD, you must either have won your asylum case or been left waiting 150 days or more with no initial decision on your application from the asylum office (or from the immigration court, assuming your case was referred over to the IC). In addition, keep in mind that the 150-day clock often gets stopped, (sometimes even due to government error), which complicates the matter even further. You owe it to yourself to contact a lawyer, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
The first EAD as a consequence of the Asylum filing carries no fee
An EAD filed for after 6 months when an asylum application is pending carries no fee and is free for the applicant. Just make sure the I-765 is properly filed and contains no mistakes. USCIS will reject it for the smallest mistake or omission when asylum based.
They don't make it easy to be granted an EAD the first time when asylum- based (as am afraid you are about to find out, if filing on your own, without the help of an attorney). But the good news is that an extension to asylum-based EAD is issued much more easily once the first EAD is granted.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.