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What is the best time to apply for EAD ? After AO granted my asylum case , they sent me a notice of intent to terminate .

Atlanta, GA |

I will got for the interview next month . I know all the possibilities and I am aware that if the AO decides to terminate my asylum status , they will put me in removal proceeding in front of a judge . If this happens , of course I will apply for " withholding of removal " . I know that while the withholding of removal application is pending in the court , I can apply for EAD ( which will take minimum 3 months to be approved ) . Now , How long time will it normally take between " termination of asylum by asylum officer " and filing a " withholding of removal " application in the court that will be requested , I guess , in the calender hearing . Say if this takes 3 months + 3 months of waiting for EAD to be approved . Does this mean that during these 6 months I will not have any employment authorization ?

I guess that 6 months are the minimum period. I had the feeling that it can be more ( 9 to 12 months) How can I overcome this situation? As I should apply for residency positions in US hospitals by this critical period of my time. I am International Medical Graduate who has finished his US board exams and I am eligible to apply for hopsitals residency training programs. I don't want this dream to disappear, just because " waiting periods and processing times" . Any way to overcome this?

Attorney Answers 3

  1. You have educated yourself on various timelines to understand all variables of the most efficient EAD filing; however, your knowledge is very basic and falls short of the needed expertise. In my professional opinion, you may never substitute a competent legal professional by surmising like “If this happens, of course I will apply for” withholding of removal “et cetera. To advise you to how practice complex immigration law pro se would be not only foolish, but unprofessional.
    Alos, there is no such notion as "normal" in any immigration proceedings as each case is shaped by its unique circumstances and facts and its timelines change accordingly.
    You need a professional attorney.

    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 information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

  2. You absolutely have to hire a lawyer. This is not something you are likely to be successful at alone.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations.

  3. Why would you apply only for withholding of removal and not ask for a review of the claim for asylum?

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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