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

Asked over 1 year ago - Las Vegas, NV

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!!

Additional information

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. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . 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 www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. J. Thomas Smith Ph.D.


    Contributor Level 20


    Lawyers agree

    Answered . 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 www.... more
  3. Geoffrey Alan Hoffman

    Contributor Level 16


    Lawyers agree

    Answered . 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... more
  4. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . 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 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

Related Topics


Asylum is a form of protection offered to people who fear persecution in their home country and are in the United States or an entry port.

George Tenreiro

The Basics on Applying For Asylum

The asylum process requires thoughtful analysis, together with supplementary materials that reinforce the strength and credibility of one’s application. Applicants should work with an... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,663 answers this week

2,901 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,663 answers this week

2,901 attorneys answering