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I applied for initial EAD based on pending asylum application and now 6 weeks have passed.

Las Vegas, NV |
Filed under: Political asylum

Dear all, I have Few questions
1. I applied for initial EAD more than 6 weeks ago while the EAD processing time for pending asylum cases was 3 weeks. I called the national service center with the number on the receipt and they told me to wait and if they do not mail a decision within 75 days, they told me to contact them again. and shall I wait or what shall I do now?.
2. My initial application has C/o (in care of name) and my recent EAD application has no name in C/o and I put the correspondence in my name but the address is the same. Shall I notify them? and does it affect mailing of decisions?. Do I also need to hire attorney at this point? Thank you and May God bless you all!!

Today it is more than 190 days( applied after waiting 150 days) since I applied for asylum and 43 days since for Employment authorization. Some service centers are quicker to process in the processing time frame set by USCIS. And thank you for your comprehensive advice again.

Attorney Answers 4


1. Employment authorization may NOT be granted before 180 days after the date the asylum application was filed. You are allowed to submit the EAD application once the asylum application has been pending for 150 days but DHS will not issue the EAD until at least 30 days later, for a total of 180 days. If you fit under this regulation, the only to do now is to wait.
2. As long as the name and address is the same, there should be no problem. It is always a good idea to have a consultation with an experienced immigration attorney.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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If you are applying for asylum before USCIS you generally will have to wait at least 150 days until you are eligible to apply for the EAD. If your case has been pending more than 180 days without a decision then you may be eligible for the EAD. Be advised you need to consult with an excellent attorney who has a lot of experience and has experience handling asylum cases. If you are waiting and otherwise eligible, schedule an infopass. In any event, search Avvo for an excellent attorney. The "asylum clock" issue is very complicated so seek help.

No attorney-client relationship is created or implied by this communication. To contact this attorney see his profile; attorney number: 281-733-2875.

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You should wait.
You should have hired an attorney to begin with. You should do that as soon as possible. Asylum is way too complicated to do it on your own.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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43 days is not long to wait for the EAD. The processing times posted by CIS are only estimates.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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