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I would like to know how much money it costs to appeal a denial of EAD based on pending asylum?

Buffalo, NY |

I was denied because the immigration judge closed my case due to a failure to prosecute. I followed attorneys advice here, (THANK YOU SO MUCH) and filed again affirmatively. This time USCIS sent my case directly to the court. Meanwhile I applied for EAD that was denied for the reason given is that I had no case pending with DHS nor with the court since the judge terminated my case. Now that I just got a new MH scheduled, with a new NTA, and that the EOIR hotline has updated my claim as "pending" I would like to appeal the decision on my EAD. I have been waiting for a year. It is extremely hard. The appeal forms included in the denial letter I received, stated there are fees required, however it didn't say how much, I couldn't find this information nowhere, here again I come to you HELP

Attorney Answers 3


  1. You need to hire an experienced attorney in your area. Costs depend on experience and reputation. I recommend Mathew Kolken in New York


  2. There is no point in "appealing" a denial decision on your asylum based EAD application if the infamous "clock" is stopped in your case (blame the judge). Any appeal under such conditions will be futile and a useless waste of time. On the other hand, the judge will understand that while you are in removal proceedings in immigration court you've got to feed yourself and your family? And got to earn a living. Nothing will happen to you (more than it has already) if you work without USCIS authorization. What are they going to do to you? Place you in removal proceedings twice?

    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.


  3. It seems you cannot appeal it. Appears your refilling is after you've been in the US for over 12 months. There is no EAD available in this instance.

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