Is an individual whose case was administratively closed under Morton memo eligible to renew employment authorization?

Asked over 1 year ago - Flushing, NY

Is an individual whose case was administratively closed under Morton memo eligible to renew employment authorization (as initially promised by the government)? The original employment authorization was issued based on an affirmative asylum application. Is asylum application considered pending after case is administratively closed?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree


    Answered . Yes and Yes; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell:... more
  2. Mark Robert Barr

    Contributor Level 16


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . As you appear to recognize, when a case is administratively closed, it remains "pending" with the immigration court, although the scheduling of future hearings is suspended indefinitely.

    Which means that any application you filed with the immigration court remains technically pending if and when your case is administratively closed.

    If you have a pending application for relief before the immigration court that supports an application for a work permit, then you will continue to be eligibile to apply for renewals of that work permit while your case is in a period of administrative closure.

    Conversely, if your case was administratively closed before you had submitted any relief applications, then you would have no basis on which to apply for work authorization.

    So, the mere fact that a case was administratively closed does not give an individual a basis to apply for work authorization. But a pending relief application that supports a work permit will continue to do so during the period of administrative closure.

    So, in your case, if you were able to get an EAD in the past based on your affirmative asyum application, AND you notified the immigration court of your plan to renew that application in proceedings prior to your case being administratively closed, then you should remain eligible to renew that work authorization until there is a final decision on the asylum application.

    Make sense?

  3. Dean P Murray

    Contributor Level 18


    Lawyers agree

    Answered . Why not have a consultation with a lawyer about this matter? You will benefit enormously from obtaining professional assistance. Good luck to you.
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    (Office located within minutes of the George Washington Bridge)
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  4. Richard Scott Roth-Sterger

    Contributor Level 8


    Lawyer agrees

    Answered . The "Morton Memos" refer to directions given DHS attorneys in use of its prosecutorial discretion. The memos primarily reiterate prior guidance on the use of resources. The choice of DHS to close a file on a case does nothing in the way of granting legal status to seek work authorization.

    I would consult an immigration attorney to determine the current status of your asylum petition.
    (858) 707-5562

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Employment-based green cards

An immigrant may be eligible for permanent resident status if he or she has been offered a job in the United States.

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