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My asylum got granted, can I apply for new EAD now or should wait for renewal period(within 120 days )

New York, NY |

So i got the good news, my asylum got granted in the court,. Currently I Am having EAD ( for pending asylum) . I used to renew it every year as my case was pending . Now after got granted, should I apply now for new EAD or should I WAIT FOT AT LEAST 120 days before the expirTion of my current EAD. I do not want my EAD application get denied because its earlier than 120 days.

Attorney Answers 6


  1. Best answer

    When you received the final decision on your asylum application from the Immigration Judge, and the government attorney chose not to appeal the decision, you should been given a set of instructions about how to process your asylum grant with USCIS. You would have been advised to schedule an appointment at your local USCIS office through the USCIS on-line INFOPASS system. You would have been advised to bring a copy of the Immigration Judge's final order to your scheduled appointment. Once you went to the appointment, DHS would have begun the processing of your work permit.

    Here is a copy of the post-order instructions: http://www.uscis.gov/sites/default/files/files/article/PostOrderInstr.pdf.

    Also, understand that even if you don't receive a work permit, as someone with a final grant of asylum, you are authorized to work even without a work permit.


  2. I suggest waiting and filing 120 days prior.
    In fact, you should file for AOS for your LPR status nine months after the grant of asylum without any delay and once you become a LPR you will no longer need to spend $360 every year for an EAD renewal.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  3. It's possible that USCIS might automatically issue you a new EAD based on your asylum status. If not, then you could file for a renewal. Congratulations!

    This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  4. Congratulations!! If your asylum application was approved, you don't need to renew your EAD. Your asylee status gives you the right to work and everything else. Make sure to apply for adjustment of status exactly one year from the date of the asylum approval.

    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.


  5. Wait.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  6. Follow the suggested guidelines and wait.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

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