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My asylum case was administratively closed based on prosecutorial discretion. Can I still renew my EAD?

Harbor City, CA |

My asylum case was pending in the court for many years. I have an EAD and has been able to renew it each year. My asylum case was administratively closed last year due to an offer of prosecutorial discretion from the government attorney. My attorney told me that the admin closure was because I've remained in the U.S for a long time without any criminal record.

Now I am no longer represented by an attorney. In the past years I have applied for EAD renewal on my own and all petitions were approved. But my case was administratively closed last year. I have two questions (1) Am I still eligible for EAD renewal after the admin closure? (2) Should I include any extra documents(in addition to documents from all my previous petitions) for my EAD renewal petition this year?

Attorney Answers 4

Posted

Interesting situation. I assume your asylum case was pending for a very long time with no result and you were notified of the admin closure. If all you have is an admin closure, then you still have not been granted asylum status and cannot apply for you greenc ard, although you can work. I think this question can benefit from clarification from my experienced colleagues.

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Posted

Either consult an attorney or if you want to do it yourself then read the instruction for 765. At the least you have a final order and can get EAD and if you are under order of supervision then again you can apply but you no longer qualify under your asylum application if there was no decision in court. Contact your last attorney for advise.

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Posted

Yes, you should still be able to renew the EAD following admin. closure. Include a copy of the judge's order with the previous documentation. It is also worth consulting an attorney to ensure the proper code is marked on the I-765.

Attorney Khurgel is a former USCIS and State Department Embassy Officer. His comments on Avvo are general advice, and do not constitute an attorney-client relationship.

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Posted

There is a distinction between administrative closure, which has happened here, and termination of proceedings. Administrative closure does not grant permission to apply for I-765 renewal, which was only available to you while your asylum case was pending. It is not, unless you have an attorney to move to be granted authority to apply for renewal. Termination of proceedings is available if you have an independent ground to apply for a green card, like through marriage to a U.S. citizen. Since you are still under the possibility of reopened proceedings by ICE, you could ask for supervised release, which could grant you permission to apply for work authorization.

All answers to immigration questions should not be taken as legally binding advice. If you have an immigration issue, please call me at Pacifica Legal Services 805-290-4930 and make an appointment for an initial 30 minute consultation. Additional time is billed at $100.00 per 30 minute increments. Todas las respuestas a las preguntas de inmigración no deben tomarse como asesoramiento legal. Si usted tiene un problema de inmigración, por favor llámeme al Pacifica Legal Services 805-290-4930 y hacer una cita para una consulta inicial de 30 minutos. El tiempo adicional se factura a $ 100.00 por incrementos de 30 minutos.

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